Source: All England Reporter
Publisher Citation: [2002] All ER (D) 477 (Oct)
Court: Administrative Court
Judge:

Sullivan J

Representation Robin Green (instructed by Sharpe Pritchard) for the claimant.
  Stephen Cottle (instructed by Treasury Solicitor) for the defendant.
Judgment Dates: 31 October 2002

Catchwords

Town and country planning - Planning permission - Gypsy caravan site - Contravention of planning controls - Secretary of State's planning inspector allowing appeal against decision of local authority - Local authority contending applicant no longer a gypsy on basis he no longer led a nomadic lifestyle - Reasonableness of decision - s 16.

The Case

A person who was a gypsy, under the provisions of s16 of the as amended, did not cease to be a gypsy simply because he suffered from ill health or infirmity which restricted him from leading a nomadic lifestyle. There was no statutory definition of a gypsy within the Town and Country Planning legislation and the relevant definition had simply been borrowed for the purposes of central government policy advice. It would be an unduly legalistic approach to consider that a person ceased to be a gypsy due to infirmity and would probably breach their rights under the European Convention on Human Rights. Furthermore, such an approach defied common sense and humanity.

Practice Areas

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