R (on the application of Claire Wilson) v. Wychavon District Council and another [electronic resource]
R (on the application of Claire Wilson) v. Wychavon District Council and another [electronic resource]
- 2007
[2007] EWCA Civ 52, 6 February 2007. The appellant gypsy appealed against the refusal of her application for judicial review of a decision of the first respondent local authority to serve stop notices on her pursuant to the Town and Country Planning Act 1990 S183(4). Her family had acquired land that they had then moved caravans onto and had created hard standing, access roads and a service area without planning permission. The local authority had refused her application for retrospective planning permission and had issued enforcement notices along with two stop notices, one requiring construction to cease and the other requiring her to cease using the land for the stationing of residential caravans. The issue for determination was whether the 1990 Act S183(4) was incompatible with the European Convention on Human Rights 1950 Art.14 in that, in providing for an exception for dwelling houses but not for residential caravans, it discriminated against Romany Gypsies and Irish travellers. She put forward several arguments for why there was no justification for the degree of discrimination involved in conferring a total exemption in relation to dwelling houses but no exemption at all for residential caravans. "Held": whilst the duty on local planning authorities to act compatibly with Art.8 of the Convention was not sufficient to justify the difference in treatment, it meant that the difference requiring justification was not as great as might have at first sight appeared. The appeal was dismissed.
R V WYCHAVON DISTRICT COUNCIL AND ANOTHER
TOWN AND COUNTRY PLANNING ACT 1990 S183(4)
EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 ART14
England--886-
[2007] EWCA Civ 52, 6 February 2007. The appellant gypsy appealed against the refusal of her application for judicial review of a decision of the first respondent local authority to serve stop notices on her pursuant to the Town and Country Planning Act 1990 S183(4). Her family had acquired land that they had then moved caravans onto and had created hard standing, access roads and a service area without planning permission. The local authority had refused her application for retrospective planning permission and had issued enforcement notices along with two stop notices, one requiring construction to cease and the other requiring her to cease using the land for the stationing of residential caravans. The issue for determination was whether the 1990 Act S183(4) was incompatible with the European Convention on Human Rights 1950 Art.14 in that, in providing for an exception for dwelling houses but not for residential caravans, it discriminated against Romany Gypsies and Irish travellers. She put forward several arguments for why there was no justification for the degree of discrimination involved in conferring a total exemption in relation to dwelling houses but no exemption at all for residential caravans. "Held": whilst the duty on local planning authorities to act compatibly with Art.8 of the Convention was not sufficient to justify the difference in treatment, it meant that the difference requiring justification was not as great as might have at first sight appeared. The appeal was dismissed.
R V WYCHAVON DISTRICT COUNCIL AND ANOTHER
TOWN AND COUNTRY PLANNING ACT 1990 S183(4)
EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 ART14
England--886-