R (on the application of Claire Wilson) v. Wychavon District Council and another (Record no. 78405)

MARC details
000 -LEADER
fixed length control field 02345cab a2200217 4500
001 - CONTROL NUMBER
control field L136694
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 070215n2007 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u136694
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title R (on the application of Claire Wilson) v. Wychavon District Council and another
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2007
520 ## - SUMMARY, ETC.
Summary, etc. [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.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element R V WYCHAVON DISTRICT COUNCIL AND ANOTHER
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TOWN AND COUNTRY PLANNING ACT 1990 S183(4)
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 ART14
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England
Chronological subdivision 886-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element ENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-DEVELOPMENT CONTROL-PLANNING ENFORCEMENT
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2007/52.html">https://www.bailii.org/ew/cases/EWCA/Civ/2007/52.html</a>
Public note View the decision free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
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    Dewey Decimal Classification     Virtual Virtual Online 15/02/2007   ONLINE PUBLICATION 136694-1001 06/08/2019 1 06/08/2019 Law report