R(Trowers) v Elmbridge BC [2025] EWHC 314 (admin).
Mr Trowers, a liveaboard boater, challenged a public spaces protection order made by Elmbridge BC which adversely affected liveaboard boaters. That challenge has been successful and the PSPO is quashed.
This is the first time legal aid has been granted to appeal a PSPO, and the first time a PSPO has ever been quashed on appeal.
Well done to Mr Trowers, Sam Maher of CLP and James Stark of Garden Court North Chambers.
The judgment is here:
The Government have made welcome amendments to Planning Policy for Traveller Sites following lobbying by Gypsy and Traveller groups and others including a much improved version of the definition of Gypsy/Traveller for the purposes of planning law. Simon Ruston ( a planning consultant who represents Gypsies and Travellers) on behalf of Friends, Families and Travellers has produced a very helpful guide to all the changes. See here :- https://url.uk.m.mimecastprotect.com/s/Wx4wCp9Wyszg7jfPfvSGPlc4?domain=gypsy-traveller.org/
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.
Wolverhampton City Council and Others v London Gypsies and Travellers and Others
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.
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.
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.
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.
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.
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.