McCarthy v Basildon District Council & Anor [2008] EWHC 987_2 (Admin) (09 May 2008)

McCarthy v Basildon District Council & Anor [2008] EWHC 987_2 (Admin) (09 May 2008)

The council's decision was unlawful due to failure to properly consider individual circumstances, homelessness duties, and the proportionality of enforcement action; decision quashed.

Source-derived case information.

Citation
[2008] EWHC 987_2 (Admin)
Parties
Claimant: McCarthy; Defendant: Basildon District Council; Intervener: Equality and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
09 May 2008
Procedural Posture
Judicial Review / Post Judgment Discussion; Leave to Appeal Granted
Outcome
Decision of Basildon District Council quashed; leave to appeal granted.
Legal Topics
Enforcement Action Against Travellers, Individual Consideration in Planning Enforcement, Homelessness Duty, Discrimination (indirect), Planning Permission in Green Belt
Administrative Law Planning Law Human Rights Law Enforcement Action Against Travellers Individual Consideration in Planning Enforcement Homelessness Duty Discrimination (indirect) Planning Permission in Green Belt

Source-derived case record

Summary, issues, holding and outcome

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Parties

McCarthy

Claimant

Basildon District Council

Defendant

Equality and Human Rights Commission

Intervener

Procedural Posture

Judicial Review / Post Judgment Discussion; Leave to Appeal Granted

Legal Issues

  1. 1 Whether Basildon District Council failed to have proper regard to individual circumstances in enforcement action
  2. 2 Whether the council properly considered homelessness duties
  3. 3 Whether the council's decision was proportionate and justified under discrimination law

Ratio Decidendi

The council's decision was unlawful due to failure to properly consider individual circumstances, homelessness duties, and the proportionality of enforcement action; decision quashed.

Court Disposition

Decision of Basildon District Council quashed; leave to appeal granted.

Orders

  • Council's enforcement decision quashed.
  • Claimants permitted temporary stay; council to reconsider decision.