Basildon District Council, R (on the application of) v First Secretary of State & Anor [2004] EWHC 951 (Admin) (20 April 2004)

Basildon District Council, R (on the application of) v First Secretary of State & Anor [2004] EWHC 951 (Admin) (20 April 2004)

The Inspector erred in law by holding that involuntary cessation of a nomadic lifestyle due to ill health did not affect gypsy status; permanent cessation, regardless of voluntariness, results in loss of gypsy status under planning law.

Citation
[2004] EWHC 951 (Admin)
Parties
Claimant: Basildon District Council; First Defendant: First Secretary of State; Second Defendant: Mrs Gail Doran
Jurisdiction
England and Wales
Judgment Date
20 April 2004
Procedural Posture
Judicial Review / Statutory Appeal / Judgment on Appeal Against Planning Inspector's Decision
Outcome
Appeal allowed; Inspector's decision quashed and remitted for redetermination; planning permissions quashed; costs orders made as specified.
Legal Topics
Gypsy Status, Planning Permission, Enforcement Notice, Statutory Interpretation
Administrative Law Planning Law Gypsy Status Planning Permission Enforcement Notice Statutory Interpretation

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Parties

Basildon District Council

Claimant

First Secretary of State

First Defendant

Mrs Gail Doran

Second Defendant

Procedural Posture

Judicial Review / Statutory Appeal / Judgment on Appeal Against Planning Inspector's Decision

Legal Issues

  1. 1 Whether the Inspector erred in law in determining that Mrs Doran and her family retained gypsy status despite ceasing a nomadic lifestyle due to ill health
  2. 2 Whether the Inspector misapplied government guidance in Circular 1/94 regarding gypsy accommodation

Ratio Decidendi

The Inspector erred in law by holding that involuntary cessation of a nomadic lifestyle due to ill health did not affect gypsy status; permanent cessation, regardless of voluntariness, results in loss of gypsy status under planning law.

Court Disposition

Appeal allowed; Inspector's decision quashed and remitted for redetermination; planning permissions quashed; costs orders made as specified.

Orders

  • Permission for appeal under section 289 granted.
  • Appeal under section 289 allowed and decision remitted to Secretary of State for redetermination.