The claimant complained that the law which protected an occupier of a dwelling house from a temporary stop notice did not apply to those living in caravans, and that this was discriminatory.
Held: The claim failed. ‘usually a change of use of a building to a dwelling will cause less immediate environmental damage than the stationing of a residential caravan, is correct. In those circumstances the ‘bright line’ rule in relation to dwellings only is in my view proportionate and a regime such as that for temporary stop notices is not required by considerations of proportionality. ‘ The section was not incompatible.
Judges:
Crane J
Citations:
[2005] EWHC 2970 (Admin), Times 18-Jan-2006
Links:
Statutes:
Town and Country Planning Act 1990 183(4), Human Rights Act 1998, Planning and Compulsory Purchase Act 2004 52, Town and Country (Temporary Stop Notice) (England) Regulations 2005
Jurisdiction:
England and Wales
Citing:
Cited – Clarke v Secretary of State for Transport, Local Government and the Regions and Tunbridge Wells Borough Council CA 2002
The court referred to ‘the very difficult question of how potential family and cultural rights of gypsy and Romany populations interact with and are affected by the municipal planning laws of this country’, . .
Cited – Runnymede Borough Council v Smith 1986
The section provided protection even for caravans which had come on to the site with knowledge of the stop notice, and an injunction was refused on these grounds. . .
Cited – Chapman v United Kingdom; similar ECHR 18-Jan-2001
The question arose as to the refusal of planning permission and the service of an enforcement notice against Mrs Chapman who wished to place her caravan on a plot of land in the Green Belt. The refusal of planning permission and the enforcement . .
Cited – Westminster City Council and Another v Morris; Regina (Badu) v Lambeth London Borough Council CA 14-Oct-2005
The claimant sought housing assistance. She had a child. She was subject to immigration control. She complained that when considering her application, the Act required the authority to disregard her responsibiltes to her children.
Held: The . .
Cited – Hirst v United Kingdom (2) ECHR 6-Oct-2005
(Grand Chamber) The applicant said that whilst a prisoner he had been banned from voting. The UK operated with minimal exceptions, a blanket ban on prisoners voting.
Held: Voting is a right not a privilege. It was a right central in a . .
Cited – Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same HL 26-May-2005
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s . .
Cited – Coates and others v South Buckinghamshire District Council CA 22-Oct-2004
The local authority had required the applicants to remove their mobile homes from land. They complained that the judge had failed properly to explain how he had reached his decision as to the proportionality of the pressing social need, and the . .
Cited – Hirst v United Kingdom ECHR 24-Jul-2001
The applicant asserted that the delays in the reviews, undertaken by the Parole Board, of his continued detention as a discretionary life prisoner, was a breach of his right to a speedy decision. The delays were between 21 and 24 months. Such delays . .
Cited – Ghaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
Cited – Connors v The United Kingdom ECHR 27-May-2004
The applicant gypsies had initially been permitted to locate their caravan on a piece of land owned by a local authority, but their right of occupation was brought to an end because the local authority considered that they were committing a . .
Cited – Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its . .
Cited – Michalak v London Borough of Wandsworth CA 6-Mar-2002
The appellant had occupied for a long time a room in a house let by the authority. After the death of the tenant, the appellant sought, but was refused, a statutory tenancy. He claimed to be a member of the tenant’s family, and that the list of . .
Cited by:
Appeal from – Wilson, Regina (on the Application of) v Wychavon District Council and Another CA 6-Feb-2007
The claimants said that an enforcement notice issued against them under a law which would prevent such a notice against the use of a building as a dwelling, but not against use of a caravan as a dwelling, discriminated against them as gypsies.
Lists of cited by and citing cases may be incomplete.
Planning, Human Rights, Discrimination
Updated: 04 July 2022; Ref: scu.236657
