Social Welfare Lawyers in the Centre of Birmingham

St Edmundsbury Borough Council – v – Oakley

St Edmundsbury Borough Council – v – Oakley [2015] EWHC 1975 (QB), 10 July 2015, Mrs Justice Patterson

The defendant had planning permission for a single Gypsy site but injunction action under Town and Country Planning Act 1990 Section 187B was taken against her for bringing on a residential touring caravan in an unauthorised location, use of the stable block for residential purposes and other matters.  An injunction order was granted on 17 December 2014 but was not complied with.  Committal action was taken.

The Traveller Movement and Others – v – J D Wetherspoon Plc

The Traveller Movement and Others – v – J D Wetherspoon Plc, Central London County Court, 18 May 2015, HHJ Hand QC

On 17th November 2011 the annual Traveller Movement Conference took place.  As usual the Conference took place at the offices of the Traveller Movement (offices shared with other organisations) at the Resource Centre on Holloway Road in London.  Also as usual, after the Conference, some of the delegates went for a drink to the Coronet public house next door,  a public house run by J D Wetherspoon.   There was no evidence of any problems having been caused in previous years or in this year by delegates from the Conference.  However, there was evidence of problems following on from a Conference at the Resource Centre in 2005 on the occasion of the Anarchist Book Fair.

Reilly – v – Secretary of State for Communities and Local Government and Hinckley and Bosworth Borough Council

Reilly – v – SSCLG and Hinckley and Bosworth BC [2015] EWHC 1957 (Admin) 15 July 2015, Mrs Justice Lang.

The claimant was an Irish Traveller and one of a group of Travellers who lived at a site called the Good Friday Site in Leicestershire.  An application for planning permission was refused and an appeal was made to a Planning Inspector.  The Inspector refused the site permission and gave great significance to highways safety at the access and especially to the fact that there had been a fatal crash at the access when a vehicle was trying to turn in.

Wenman –v- The Secretary of State for Communities and Local Government (SSCLG) and

Wenman –v- SSCLG [2015] EWHC 925 (Admin), 21 April 2015, Mrs Justice Lang

Mr Wenman is a Romani Gypsy who was seeking permission for a one pitch Gypsy Site for him and his family.  He was unsuccessful before the local planning authority and also before the Planning Inspector. He appealed to the High Court under Town and Country Planning Act 1990 Section 288 on the basis that the Planning Inspector had failed to properly address the relevance of the National Planning Policy Framework (NPPF).  The First Defendant, the Secretary of State, argued that NPPF was not relevant here and what was relevant was only Planning Policy for Traveller Sites (PPTS).

Hotak and Others – v – London Borough of Southwark and Others

Hotak and Others – v – London Borough of Southwark and Others [2015] UKSC 30, 13 May 2015

Housing Act 1996 Section 189 (1) identifies those who have “priority need for accommodation” as being:-

(a) A pregnant woman or a person with whom she resides or might reasonably be expected to reside;

(b) A person with whom dependent children reside or might reasonably be expected to reside;

(c) A person who is vulnerable as a result of old age, mental illness or handicap or physical disability or other special reason, or with whom such a person resides or might reasonably be expected to reside;

(d) A person who is homeless or threatened with homelessness as a result of an emergency such as flood, fire or other disaster

Gypsies and Travellers in Dorset

Lord Avebury, who, despite his ill health, continues to campaign on behalf of Gypsies and Travellers, has commissioned a report from the Planning Consultant, Dr Simon Ruston.  This report looks at how the local authorities in Dorset have failed to comply with Government Planning Guidance.  You can find a link to the report here:-
https://drive.google.com/file/d/0B4zvGFoY5TrTZUo1Rkh5NWVFdlE/view?usp=sharing

Legal Aid Lawyer of the Year Awards

As mentioned below, Parminder Sanghera of the Travellers Advice Team was shortlisted for an award but, on 1st July 2015 at the awards ceremony, she was pipped at the post by Jayesh Kunwardia of Hodge Jones and Allen, a partner in that firm who had recently won a leading housing case in the Supreme Court.  However it was an excellent result for Parminder to get into the final three for this award.  Parminder is currently considering returning to the High Court to challenge the continuing failure of the Secretary of State for Communities and Local Government to ensure that the results of Gypsy and Traveller planning appeal decisions in the Green Belt are delivered. Watch this space!