DC Casebook: Gypsies and Travellers - Gypsy site justified by human rights

Planning, 16 May 2008

The appellants had first occupied the site in 2003. In the ensuing two years, the secretary of state dismissed appeals and upheld an enforcement notice requiring them to leave the land. The appellants argued that there is a significant need for additional permanent residential Gypsy pitches in a county where many existing sites are overcrowded or unauthorised. They also claimed that they had forged links with the local community over the past five years.

The inspector decided that the unmet need should be given considerable weight. The council had only completed an initial assessment of potential sites, he noted. Given the absence of other sites, he considered that it would be disproportionate to require the appellants to vacate the site and restore it to its former condition despite the inappropriate nature of the development.

This course of action would involve an unacceptable interference with their human rights to enjoy their homes and family life and obtain access to health and education facilities, he ruled. Accordingly, he decided that a temporary permission lasting for three years should allow the council time to identify suitable sites.

DCS Number 100-054-697

Inspector Robert Mellor; Inquiry.