The successful claimant, Wendy Smith, was represented by Marc Willers KC and Ollie Persey of Garden Court Chambers. They were instructed by Chris Johnson of Community Law Partnership (‘CLP’). Chris was assisted by Andy Marlow of CLP.
Supreme Court Rules On Wide Injunctions
Wolverhampton City Council and Others v London Gypsies and Travellers and Others
Planning Injunction Case
Waverley BC v Gray & ors [2023] EWHC 2161 (KB), 25 August 2023
This was an application by the council for an injunction under Town and Country Planning Act 1990 s187B. It concerned several defendants (Ds) who were Gypsies and Irish Travellers who had set up a caravan site on land at Lydia Park, Waverley without planning permission albeit they were continuing to try and obtain planning permission.
Sophie, Dean and others, V Simon Mitchell and the Secretary of State for Levelling-Up, Housing and Communities [2023 ]EWHC1479 (KB)15 June 2023.
The first defendant (D1) began occupying a mobile home on land now owned by the claimants in about 2001. There was never any written agreement. There was a verbal licence and rent was paid. At the commencement of D1’s licence agreement the use of the claimants’ land for the stationing of a mobile home was not authorised by any planning permission.
Challenge to the new Police powers of eviction against Gypsies and Travellers
Police, Crime, Sentencing and Court’s Act (PCSCA) 2022, s83 inserts s60C into the Criminal Justice and Public Order Act 1994. This makes it an offence, punishable with up to 3 months’ imprisonment and/or a fine, for someone residing on land with a vehicle to fail to comply with a request to leave the land. The offence applies if a person is residing, or intending to reside, on land without the consent of the occupier of the land, and has, or intends to have, a vehicle (including a caravan) on the land. The residents, or intended residents, must have caused, or be likely to cause significant disruption, damage or distress. The request can be made by the occupier, a representative of the occupier or a police constable.
High Court issues declaration of incompatibility with the Human Rights Act 1998
Dean vs Mitchell & Secretary of State for Levelling-up, Housing and Communities [2023] EWHC 1479 (KB)
Stephen Cottle of the Garden Court Housing Team represented the first defendant, instructed by Chris Johnson of Community Law Partnership.
The High Court rejected the Government’s argument that it was justified to deny security to those living in a mobile home on a protected site, and declared the Mobile Homes Act (MHA) 1983, as amended, to be incompatible with Article 8 of the ECHR, insofar as it required that result.
Wide Injunctions
The case of London Gypsies and Travellers and Others -v- Wolverhampton City Council and Others came before the Supreme Court on 8 and 9 February 2023. CLP represented the three Appellants: London Gypsies and Travellers; Friends, Families and Travellers; and Derbyshire Gypsy Liaison Group. Our Barristers were Richard Drabble KC, Marc Willers KC, Tessa Buchanan and Owen Greenhall.
Declaration of Incompatibility
The case of Sophie Dean and Others -v- Simon Mitchell and the Secretary of State for Levelling Up, Housing and Communities came before the King’s Bench Division at the Royal Courts of Justice in London on 8 to 10 February 2023. CLP represented Mr Mitchell.
STOP PRESS! THE DEFINITION MUST CHANGE!
Readers will find our report on Lisa Smith’s great victory in the Court of Appeal immediately below this piece.
The Secretary of State for Levelling Up applied for permission to appeal to the Court of Appeal and was refused. He has now confirmed that he will not be seeking to take the appeal any further.
This means that the unlawful and discriminatory definition of Gypsy/Traveller (which excluded those Gypsies and Travellers who had stopped travelling permanently because of age or ill health) contained in Planning policy for traveller sites (2015) must go and must be replaced with a new definition.
Campaigners and lawyers have been fighting this awful definition since it was brought into force and this is a great victory for Gypsy and Traveller rights.
While we await further developments, well done to Lisa Smith’s legal team : Keith Coughtrie of Deighton Pierce Glynn and Marc Willers KC and Tessa Buchanan of Garden Court Chambers.
CLP represented four Gypsy and Traveller organisations who intervened at both the high court and Court of Appeal. They produced evidence of the disastrous effects of the 2015 definition which evidence was clearly influential on the Court of Appeal , so well done as well to: London Gypsies and Travellers; Friends, Families and Travellers; Derbyshire Gypsy Liaison Group; and Southwark Travellers Action Group. Finally well done to their barristerial team: David Wolfe KC of Matrix Chambers; Owen Greenhall of Garden Court; and Tim Jones of No 5 Chambers.
We will, of course, keep readers closely informed of further developments.
Planning Definition of ‘Traveller’ Ruled Unlawful and Discriminatory
As regular readers will know, the definition of Gypsies and Travellers contained in Planning policy for traveller sites (PPTS) excluded those who have permanently stopped travelling for work due to a disability, long term health condition or age. Lisa Smith had, since 2011, rented pitches on a private site owned by a Mr Willshore with temporary planning permission. Two of Ms Smith’s adult sons are severely disabled and, as a result, the family had had to permanently stop their nomadic way of life. Mr Willshore later applied for permanent planning permission and this was refused. On appeal to a Planning Inspector, the Planning Inspector decided that the family were not within the new definition in PPTS 2015. Ms Smith appealed to the High Court but her appeal was refused. She appealed further to the Court of Appeal.