CASEBOOK: Court cases - Gypsy approval upheld due to family circumstances

The High Court has upheld an inspector's decision to grant permission for a Gypsy family to remain on a site in Essex after rejecting a challenge by Basildon District Council, which claimed that the appeal ruling was perverse.

The inspector had decided that the family had stopped travelling and had occupied the land due to the council's failure to provide an alternative site, concluding that the appellants had to provide a stable education for their children. Deputy judge Sir Richard Tucker agreed that the family lived on the site through necessity rather than choice and had nowhere else to go. The inspector had correctly taken these matters into account, he found.

Basildon District Council v First Secretary of State; Date: 14 October 2003; Ref: CO/2849/2003.

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