Tag Archive for 'travellers'

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The Basildon Endgame

By NL on 26/01/2009. 0 Comments

As people may well have noticed from the news on TV and in the press, the last Court of Appeal hearing in the drawn out saga of the (unlawful) Essex traveller sites resulted in a defeat for the travellers. Basildon District Council v McCarthy & Ors [2009] EWCA Civ 13 was the Court of Appeal hearing of Basildon DC’s appeal against a High Court decision that, in effect, evictions could not proceed against individual households until individual consideration of their circumstances had been carried out. Some 63 caravan pitches were at issue.

Previous litigation over planning permission had been exhausted and, for the occupants, it was admitted that they occupied … Read the full post

Posted in FLW case note, Homeless, Housing law - All, Licences and occupiers, Possession and Regulation and planning. Tags: , , , .

Alternative sites – the burden of proof

By NL on 10/09/2008. 0 Comments

South Cambridgeshire District Council v Secretary of State for Communities and Local Government & Ors [2008] EWCA Civ 1010 was an appeal of a High Court decision on Judicial Review of the decision of an Inspector in the appeal of a planning decision not to allow residential caravan siting for a family on a property in South Cambridgeshire.

The family involved had srong personal reasons involving the medical condition of a child for remaining in the area. Planning permission was refused on the basis that it was against the regional development plan. The inspector allowed the appeal with strict conditions on the basis of the exceptional conditions. South Cambs challenged … Read the full post

Posted in FLW case note, Housing law - All, Licences and occupiers, Possession and Regulation and planning. Tags: , , , , .

Pre-emptive possession orders

By NL on 26/08/2008. 4 Comments

Secretary of State for the Environment Food & Rural Affairs v Meier & Ors [2008] EWCA Civ 903 was a case concerning travellers encamped on Forestry Commission land. Some of the travellers had previously camped on a nearby patch of Forestry Commission land until a possession order was obtained. The Forestry Commission (or rather the Sec of State, the owner of the land) applied for:

  1. A possession order in respect of the patch of land occupied.
  2. A possession order for other nearby areas of Forestry Commission land that the travellers might move to.
  3. An injunction preventing the travellers from entering upon the land they currently occupied and the other nearby

    4. … Read the full post

Posted in FLW case note, Housing law - All, Licences and occupiers and Possession. Tags: , , , , .

Considering Equality of Opportunity

By NL on 28/02/2008. 0 Comments

Baker & Ors, R (on the application of) v Secretary of State for Communities & Local Government& Ors [2008] EWCA Civ 141. A Court of Appeal judgment on appeals of refusal for planning permission for the retention of mobile homes on green belt land by Irish traveller families. The appeal failed, but what is particularly interesting is the examination of section 71(1)(b) of the Race Relations Act 1976. The EHRC intervened in this appeal, so the issue of ‘due regard’ to s71 “the need to promote equality of opportunity between persons of different racial groups”, in public authority decision-making got a good hearing.

In the only judgment, Lord Justice … Read the full post

Posted in FLW case note, Homeless, Housing law - All, Licences and occupiers and Regulation and planning. Tags: , , , , .
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