Clarke, R (on the application of) v Secretary of State for Transport, Local Government & The Regions [2002] EWCA Civ 819 (20 May 2002)

Clarke, R (on the application of) v Secretary of State for Transport, Local Government & The Regions [2002] EWCA Civ 819 (20 May 2002)

The Inspector's decision was quashed due to inadequate reasoning regarding the Clarkes' gypsy status and their aversion to conventional housing; the matter must be remitted for a fresh determination with more intense scrutiny of the facts relevant to Article 8 and 14 ECHR.

Citation
[2002] EWCA Civ 819
Parties
Claimant/respondent: Thomas George Clarke; Defendant/appellant: Secretary of State for Transport, Local Government and the Regions
Jurisdiction
England and Wales
Judgment Date
20 May 2002
Procedural Posture
Appeal From Administrative Court (queen's Bench Division) / Court of Appeal Judgment
Outcome
Appeal dismissed; matter remitted to Inspector for fresh determination.
Legal Topics
Gypsy and Traveller Accommodation, Article 8 ECHR, Article 14 ECHR, Planning Permission, Discrimination
Planning Law Human Rights Law Gypsy and Traveller Accommodation Article 8 ECHR Article 14 ECHR Planning Permission Discrimination

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Parties

Thomas George Clarke

Claimant/respondent

Secretary of State for Transport, Local Government and the Regions

Defendant/appellant

Procedural Posture

Appeal From Administrative Court (queen's Bench Division) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Inspector's reasoning in refusing planning permission for a gypsy caravan site was adequate
  2. 2 Whether refusal of planning permission breached Articles 8 and 14 of the European Convention on Human Rights

Ratio Decidendi

The Inspector's decision was quashed due to inadequate reasoning regarding the Clarkes' gypsy status and their aversion to conventional housing; the matter must be remitted for a fresh determination with more intense scrutiny of the facts relevant to Article 8 and 14 ECHR.

Court Disposition

Appeal dismissed; matter remitted to Inspector for fresh determination.

Orders

  • Inspector to reconsider the planning application with proper reasoning regarding gypsy status and aversion to conventional housing.
  • Appellant's costs to be assessed in accordance with the Community Legal Service (Costs) Regulations 2000.