Basildon District Council v McCarthy & Ors

Basildon District Council v McCarthy & Ors

The Council's decision to take action under section 178 of the Town & Country Planning Act 1990 was lawful. The Council had adequately considered the personal circumstances of the claimants, its duties under the Housing Act 1996, and equality legislation. The absence of alternative sites and the ongoing development plan process did not render the decision unlawful. The Council was not required to delay enforcement pending further homelessness investigations or to provide alternative sites outside the statutory planning framework.

Parties
Appellant: Basildon District Council; Respondent: McCarthy & Ors; Respondent: Culligan & Ors; Respondent: Coyle & Ors; Respondent: Taylor & Ors; Intervener: Equality & Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
22 January 2009
Procedural Posture
Civil Appeal / Appeal From Queen's Bench Division, Administrative Court
Outcome
Appeal allowed
Legal Topics
Enforcement of Planning Notices, Homelessness Duties, Race and Disability Equality Duties, Article 8 ECHR, Development Plan Process
Administrative Law Planning Law Human Rights Law Enforcement of Planning Notices Homelessness Duties Race and Disability Equality Duties Article 8 ECHR Development Plan Process

Case Brief

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Parties

Basildon District Council

Appellant

McCarthy & Ors

Respondent

Culligan & Ors

Respondent

Coyle & Ors

Respondent

Taylor & Ors

Respondent

Equality & Human Rights Commission

Intervener

Procedural Posture

Civil Appeal / Appeal From Queen's Bench Division, Administrative Court

Legal Issues

  1. 1 Whether Basildon District Council's decision to take direct action under section 178 of the Town & Country Planning Act 1990 was lawful
  2. 2 Whether the Council properly considered its duties under the Housing Act 1996 and equality legislation
  3. 3 Whether individual circumstances of the claimants were adequately considered

Ratio Decidendi

The Council's decision to take action under section 178 of the Town & Country Planning Act 1990 was lawful. The Council had adequately considered the personal circumstances of the claimants, its duties under the Housing Act 1996, and equality legislation. The absence of alternative sites and the ongoing development plan process did not render the decision unlawful. The Council was not required to delay enforcement pending further homelessness investigations or to provide alternative sites outside the statutory planning framework.

Court Disposition

Appeal allowed

Orders

  • The decision of Collins J quashing the Council's enforcement action is set aside.
  • The Council's decision to take action under section 178 stands.