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.
London Gypsies and Travellers; Friends, Families and Travellers; and Derbyshire Gypsy Liaison Group -v- Wolverhampton City Council and Others UKSC 2022/0046
We are delighted to inform our readers that the application for permission to appeal to the Supreme Court by three leading Traveller organisations in this matter concerning wide injunctions has been successful. As ordered by the Supreme Court, you will find the attachments below:-
The application for permission to appeal;
The ancillary procedural applications including the application for alternative service;
The decision to grant permission.
Please see here the press release on the matter from FFT:- https://www.gypsy-traveller.org/news/wide-injunctions-to-be-challenged-in-supreme-court/
If you have any queries please do not hesitate to telephone Chris Johnson on our switchboard number namely 0121 685 8595. Alternatively, you can e-mail us at
Attachments
Total Attachments: 3
Greenwich Injunction
The Royal Borough of Greenwich made an application seeking an injunction against Traveller encampments on 27 parcels of land. London Gypsies and Travellers (LGT) intervened in this matter and were represented by Chris Johnson of CLP. The final hearing took place in the King’s Bench Division in the Royal Courts of Justice in London on 18 October. HHJ Cotter was not satisfied that the evidence provided by the council justified the grant of such a wide injunction. After a short adjournment the barrister for the council, Steven Woolf (who has been involved in other cases for local authorities seeking wide injunctions), asked that the matter should be adjourned generally which the judge agreed to. LGT have asked the council to:
1. Re-consider whether they really need an injunction at all ( which LGT argue they do not)
2. Re-consider whether transit provision is required
3. Create a proper negotiated stopping agreement
Watch this space!
Committal Proceedings
MBR Acres Limited and Others -v- McGivern [2022] EWHC 2072 (QB), Nicklin J, 2 August 2022.
Though this case does not involve Gypsies or Travellers, it is a very useful and important case with regard to committal proceedings where it is said that an individual or individuals may have breached a (for example) planning Injunction.
Police Act Challenge
A blog about the above by Marc Willers and Ollie Persey of Garden Court Chambers and Chris Johnson of CLP has gone up on the Travellers Times Website:
Wide Injunction Application Dismissed
Thurrock Council v Stokes & ors [2022] EWHC 1998 (QB), 27 July 2022.
Thurrock sought an injunction to prevent unauthorised encampments and fly tipping covering all land in the council area. The application was against 106 named defendants and (as the 107th defendant) ‘persons unknown’. The claim against persons unknown stood and still stands adjourned.
Police Act training
A second online training session on the criminalisation of trespass powers introduced by the Police Act has been organised by Friends, Families and Travellers for Wednesday 27 July at 6pm. The session will be presented by Chris Johnson of TAT. You can find full details and how to register here: https://www.gypsy-traveller.org/news/second-policing-act-workshop-understanding-the-new-powers-and-the-impact-on-nomadism/
The definition of Gypsy and Traveller
Lisa Smith -v- The Secretary of State for Levelling Up, Housing and Communities and Others [2021] EWHC 1650 (Admin) 17 June 2021
The Government’s planning policy for Gypsy and Traveller caravan sites is contained in Planning policy for traveller sites (PPTS). Applicants who are covered by this policy benefit from a number of advantages, including a somewhat more relaxed approach to rural development. In the original version of PPTS, published in 2012, the policy was stated to apply to:
The Criminalisation of Trespass
Police, Crime, Sentencing and Courts Act
In November 2019, the Home Office launched a consultation entitled ‘Strengthening police powers to tackle unauthorised encampments’. This sought views on ‘broadening the existing categories of criminal trespass’. On 8 March 2021, the Government produced its response to that consultation, in which it indicated the intention to introduce a new criminal offence relating to trespass. The new offence was contained in Part 4 of the Police, Crime, Sentencing and Courts Bill (PCSCB) which received its first reading the next day. The Act received the Royal Assent on 28 April 2022.
Wide Injunctions
LB Barking & Dagenham and others v Persons Unknown and others [2022] EWCA Civ 13, 13 January 2022.
Over the last 6 years, some 38 councils in England have obtained what have become known as ‘borough-wide’ injunctions prohibiting ‘persons unknown’ from camping on numerous sites and large swathes of public land within the boundaries of each local authority. Such injunctions have a disproportionate effect on nomadic Gypsies and Travellers, particularly given the long-standing shortage of lawful sites for them to camp on.