Billy Smith -v- Secretary of State for Communities and Local Government and South Buckinghamshire District Council [2014] EWHC 935 (Admin) 1 April 2014
The Appellant in this case sought permission for a Gypsy site in the Green Belt. This was refused by the local authority and also by the Planning Inspector. He appealed against the Inspector’s decision.
Ball – v – Secretary of State for Communities and Local Government and Brentwood Borough Council [2014] EWCA Civ 372, 11 March 2014.
The Appellant was seeking planning permission for change of use of land to provide 6 residential Gypsy/Traveller pitches. This was refused by the local authority and he appealed to the Planning Inspector. Mr Pickles, the Constituency MP, put in a strong objection to the appeal.
Southend-on-Sea Borough Council -v- Armour [2014] EWCA Civ 231, 12 March 2014
This is not a Gypsy or Traveller case but is very important from the point of view of Article 8 of the Human Rights Act 1998. Mr Armour was an introductory tenant of the local authority. After three incidents of anti-social behaviour early on in the tenancy, the Council began proceedings for possession.
Flynn -v- Secretary of State for Communities and Local Government (SSCLG) and Basildon Borough Council [2014] EWHC 390 (Admin), 20 February 2014
Mrs Flynn was one of the Travellers evicted from the Dale Farm site in November 2011. She moved her caravan to an access track leading to Dale Farm. On 24th July 2012, Basildon DC (as they then were) served an Enforcement Notice on Mrs Flynn.
Forest of Dean District Council -v- Secretary of State for Communities and Local Government and Ricky Jones [2013] EWHC 4052 (Admin), 20 December 2013
In this case an application for planning permission was made for a Gypsy site near to some listed buildings.
R (Hand) -v- Secretary of State for Communities and Local Government [2014] EWHC 314 (Admin), 23 January 2014
Town and County Planning Act 1990 Section 171 B (3) states that enforcement action can be taken against the use of land in general within 10 years from the use commencing. However, use of a building as a dwellinghouse becomes immune from enforcement and, therefore, lawful after 4 years.
Slattery v Basildon BC [2014] EWCA Civ 30, 22 January 2014
Ms Slattery was one of the Irish Travellers who were evicted from the Dale Farm site. Thereafter she moved to a different part of the site where she continued to occupy the land in question unlawfully. She applied as a homeless person and was offered bricks and mortar accommodation which she refused.
R (Ward) v South Cambridgeshire DC, [2014] EWHC 521 (Admin), 4 February 2014
The local authority manages Gypsy and Traveller sites in South Cambridgeshire at Blackwell and Whaddon. Ms Ward is an Irish Traveller and the mother of six children. She currently lives in privately rented accommodation. She has been on the waiting list for a pitch on one of the two sites managed by the local authority since March 2010.
R (AB) – v – The Secretary of State for the Home Department [2013] EWHC 3453 (Admin) 7th November 2013
This was a deportation case but it contains an extremely important decision on the question of the applicability of the Charter of Fundamental Rights of the European Union in the UK Courts. The British and Polish Governments secured, at the negotiations on the Lisbon Treaty, an opt out from the incorporation of the Charter into their domestic law.
Leicester City Council – v – Shearer [2013] EWCA Civ 1467, 19th November 2013
This is not a Traveller case but is an important reminder that a judicial review challenge can be successful even in cases involving trespassers. The facts were quite complicated but, to simplify them somewhat, Mrs Shearer ended up living in the property that had been the tenancy of her husband. Her husband had committed suicide.