Wilson, R (on the application of) v Wychavon District Council & Anor

Wilson, R (on the application of) v Wychavon District Council & Anor

The differential treatment of residential caravans and dwellinghouses under section 183(4) of the Town and Country Planning Act 1990 is justified and proportionate. There are cogent reasons for exempting dwellinghouses but not residential caravans from the stop notice regime, including the greater potential for environmental harm and the practical differences in enforcement. The absence of an exemption for residential caravans does not exceed Parliament’s discretionary area of judgment and does not breach Article 14 ECHR.

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
Civil Appeal / Appeal From High Court Judgment Dismissing Challenge to Legislation; Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Indirect Discrimination, Article 14 ECHR, Article 8 ECHR, Planning Enforcement, Stop Notices, Gypsies and Travellers, Legislative Justification, Margin of Appreciation
Constitutional Law Human Rights Law Planning Law Indirect Discrimination Article 14 ECHR Article 8 ECHR Planning Enforcement Stop Notices +3 more

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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

Civil Appeal / Appeal From High Court Judgment Dismissing Challenge to Legislation; Court of Appeal Judgment

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 indirect discrimination against Romany gypsies and Irish travellers
  2. 2 Whether the absence of an exemption for residential caravans is justified and proportionate

Ratio Decidendi

The differential treatment of residential caravans and dwellinghouses under section 183(4) of the Town and Country Planning Act 1990 is justified and proportionate. There are cogent reasons for exempting dwellinghouses but not residential caravans from the stop notice regime, including the greater potential for environmental harm and the practical differences in enforcement. The absence of an exemption for residential caravans does not exceed Parliament’s discretionary area of judgment and does not breach Article 14 ECHR.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no declaration of incompatibility; section 183(4) of the Town and Country Planning Act 1990 upheld