Social Welfare Lawyers in the Centre of Birmingham

Department for Communities and Local Government Consultation on Planning and Travellers

The Government have produced disastrous proposals about planning as it relates to Gypsies and Travellers.  CLP hosted a workshop for Gypsy and Traveller support groups and representatives on Monday 6 October 2014 in Birmingham to discuss the consultation. Everyone agreed it was a very useful and informative session. We attach here the briefing paper, appendices and report back from the workshop.

Attachments

Total Attachments: 3

Final Briefing Paper (0 bytes) Appendices to Briefing Paper (0 bytes) Report back from Consultation Workshop (0 bytes)

No Mad Laws Campaign

This campaign consists of Gypsy and Traveller support groups and representatives and Gypsies and Travellers themselves who have joined together to highlight the disastrous effect that the Coalition Government’s legal aid and judicial review reforms will have upon Gypsies and Travellers.
Please sign our petition at: http://you.38degrees.org.uk/petitions/no-mad-laws

Legal Action Magazine have published an article about the campaign: http://www.lag.org.uk/magazine/2014/10/legal-aid-cuts-impact-statement.aspx

Redefining Travellers Out Of Existence

This is how Andrew George MP described the new Government consultation on ‘planning and travellers’ in the Sunday Times on 14 September: http://www.thesundaytimes.co.uk/sto/news/article1459044.ece The consultation can be found at: https://www.gov.uk/government/consultations/planning-and-travellers-proposed-changes-to-planning-policy-and-guidance The deadline for responses is 23 November 2014.

Planning Permission in the Green Belt – the very special circumstances test

Redhill Aerodrome Limited -v- Secretary of State for Communities and Local Government and Tandridge District Council [2014] EWHC 2476 (Admin)

By: Marc Willers QC, Garden Court Chambers

The planning policy governing the provision of Gypsy and Traveller sites is to be found in Planning policy for traveller sites (2012) and the policy governing all forms of development in the Green Belt is to be found in Part 9 of the National Planning Policy Framework (2012). Like other types of housing, Gypsy and Traveller caravan sites are considered to be inappropriate development in the Green Belt and they will only be granted planning permission if ‘very special circumstances’ exist.

No Mad Laws

This campaign consists of Gypsy and Traveller support groups and representatives and Gypsies and Travellers themselves who have joined together to highlight the disastrous effect that the Coalition Government’s legal aid and judicial review reforms will have upon Gypsies and Travellers.  The No Mad Laws Campaign was formally launched on 26th August 2014.

Attachments

Total Attachments: 2

Supporters List (0 bytes) No Mad Laws Campaign (0 bytes)

Case Law on Compliance with Directions (Post Mitchell Update)

Following the case of Mitchell v News Group, the Courts have taken a very strict view indeed to failure to comply with Court directions. This appears to be loosening somewhat.

Firstly we would refer the reader to the article on the Nearly Legal Housing Law Website – This is what we always meant and especially the piece concerning the amendments to the Civil Procedure Rules on 5th June 2014 – see the article at:-

http://nearlylegal.co.uk/blog/2014/05/this-is-what-we-always-meant/

The piece on Nearly Legal also refers to the Judgment of Jackson LJ (yes, that Jackson!) in Hallam Estates Limited v Baker [2014] EWCA Civ 661. In terms of the amendment to the Civil Procedure Rules, Rule 3.8 (4) will now read:-

(4) In the circumstances referred to in paragraph (3) and unless the Court orders otherwise, the time for doing the act in question may be extended by prior written agreement of the parties for up to a maximum of 28 days, provided always that any such extension does not put at risk any hearing date.