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

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

The Council's decision to enforce planning control and evict claimants was lawful and proportionate, having regard to the planning history, individual circumstances, national guidance, and the need to uphold the criminal law. The Council considered relevant factors, including the risk of homelessness and equality duties, and acted within its discretion. Enforcement did not breach claimants' rights under Article 8 ECHR.

Citation
[2008] EWHC 987 (Admin)
Parties
Claimants: McCarthy; Culligan; Coyle; Taylor & Others; Defendant: Basildon District Council; Intervener: Equality & Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
09 May 2008
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claims dismissed
Legal Topics
Enforcement of Planning Control, Green Belt Development, Race Equality Duty, Disability and Gender Equality Duties, Homelessness, Article 8 ECHR, Proportionality, Gypsy and Traveller Accommodation
Administrative Law Planning Law Human Rights Law Equality Law Enforcement of Planning Control Green Belt Development Race Equality Duty Disability and Gender Equality Duties +4 more

Case Brief

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Parties

McCarthy; Culligan; Coyle; Taylor & Others

Claimants

Basildon District Council

Defendant

Equality & Human Rights Commission

Intervener

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether Basildon District Council's decision to enforce planning control and evict Gypsy and Traveller families from unauthorised sites was lawful and proportionate
  2. 2 Whether the Council complied with its duties under the Race Relations Act 1976, Disability Discrimination Act 1995, and Sex Discrimination Act 1975
  3. 3 Whether the Council properly considered the need for Gypsy and Traveller accommodation and the risk of homelessness

Ratio Decidendi

The Council's decision to enforce planning control and evict claimants was lawful and proportionate, having regard to the planning history, individual circumstances, national guidance, and the need to uphold the criminal law. The Council considered relevant factors, including the risk of homelessness and equality duties, and acted within its discretion. Enforcement did not breach claimants' rights under Article 8 ECHR.

Court Disposition

Claims dismissed

Orders

  • Permission granted for judicial review in all claims
  • Claims for relief refused