Social Welfare Lawyers in the Centre of Birmingham

Traveller planning

Collins -v- SSCLG

Collins -v- Secretary of State for Communities and Local Government & Flyde Borough Council [2013] EWCA Civ 1193

The appellant in this case, an Irish Traveller, appealed under sections 288 & 289 of the Town and Country Planning Act (T&CPA) 1990 against a planning inspector’s refusal of planning permission for a site near Blackpool. The planning inspector’s refusal had been upheld by the SSCLG. The appeals were dismissed by Pelling J. The appellant appealed to the Court of Appeal.

On the site were 78 Travellers, including 39 children. One of the central issues in the case was the question of ‘the best interests of the children.’

Moore -v- SSCLG

Moore v Secretary of State for Communities and Local Government & London Borough of Bromley [2013] EWCA Civ 1194, 9 October 2013

This case concerns a planning appeal in the Court of Appeal (CoA).

The Claimant below (the respondent to this appeal), Charmaine Moore, is a single parent who owns the site she lives on. She lives there in a mobile home with her three children, aged 14, 13 and 7.  She and her family are Romani Gypsies.

Before she moved to the appeal site in July 2010, the Claimant and her children had lived for some 12 years in a caravan situated on the front drive of a rented Housing Association property at Orpington.  The house was used only as a day room and the family always slept in the caravan.  The Claimant had “an aversion to living in bricks and mortar”.