Wilson, R (on the application of) v Wychavon District Council & Anor [2007] EWCA Civ 52 (06 February 2007)

Wilson, R (on the application of) v Wychavon District Council & Anor [2007] EWCA Civ 52 (06 February 2007)

Section 183(4) of the Town and Country Planning Act 1990, by exempting dwellinghouses but not residential caravans from stop notices, is not incompatible with Article 14 ECHR. The difference in treatment is justified by the legitimate aim of environmental protection, is proportionate, and falls within Parliament's margin of appreciation. The indirect discriminatory impact on gypsies and travellers does not render the provision unlawful, and the existence of a less restrictive alternative does not require the court to override the legislative judgment.

Citation
[2007] EWCA Civ 52
Parties
Appellant: Claire Wilson; First Respondent: Wychavon District Council; Second Respondent: Secretary of State for Communities and Local Government
Jurisdiction
England and Wales
Judgment Date
06 February 2007
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division) on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Discrimination Under Article 14 ECHR, Planning Enforcement—stop Notices, Indirect Discrimination—gypsies and Travellers, Legislative Justification and Proportionality, Use of Hansard in Human Rights Challenges
Administrative Law Human Rights Law Planning Law Discrimination Under Article 14 ECHR Planning Enforcement—stop Notices Indirect Discrimination—gypsies and Travellers Legislative Justification and Proportionality Use of Hansard in Human Rights Challenges

Case Brief

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Parties

Claire Wilson

Appellant

Wychavon District Council

First Respondent

Secretary of State for Communities and Local Government

Second Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division) on Appeal From High Court

Legal Issues

  1. 1 Whether section 183(4) of the Town and Country Planning Act 1990, by exempting dwellinghouses but not residential caravans from stop notices, is incompatible with Article 14 ECHR as indirectly discriminatory against gypsies and travellers.
  2. 2 Whether the legislative distinction is objectively justified and proportionate under Article 14 ECHR.

Ratio Decidendi

Section 183(4) of the Town and Country Planning Act 1990, by exempting dwellinghouses but not residential caravans from stop notices, is not incompatible with Article 14 ECHR. The difference in treatment is justified by the legitimate aim of environmental protection, is proportionate, and falls within Parliament's margin of appreciation. The indirect discriminatory impact on gypsies and travellers does not render the provision unlawful, and the existence of a less restrictive alternative does not require the court to override the legislative judgment.

Court Disposition

Appeal dismissed

Orders

  • Declaration of incompatibility refused
  • No order as to costs against the first respondent, who did not appear