Basildon District Council, R (on the application of) v First Secretary of State & Anor

Basildon District Council, R (on the application of) v First Secretary of State & Anor

Permanent cessation of nomadic lifestyle, regardless of voluntariness or cause, results in loss of gypsy status for planning purposes; the Inspector applied the wrong legal test and the decision must be remitted for rehearing.

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 and Statutory Appeal / Judgment on Appeal and Costs
Outcome
Appeal allowed; decision remitted for rehearing; planning permissions quashed; costs orders made.
Legal Topics
Gypsy Status, Planning Permission, Enforcement Notice, Statutory Interpretation
Administrative Law Planning Law Gypsy Status Planning Permission Enforcement Notice Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Basildon District Council

Claimant

First Secretary of State

First Defendant

Mrs Gail Doran

Second Defendant

Procedural Posture

Judicial Review and Statutory Appeal / Judgment on Appeal and Costs

Legal Issues

  1. 1 Whether the Inspector erred in law in determining gypsy status for planning purposes
  2. 2 Whether permanent cessation of nomadic lifestyle, even if due to ill health, results in loss of gypsy status under planning law
  3. 3 Proper interpretation of government guidance (Circular 1/94) on gypsy accommodation

Ratio Decidendi

Permanent cessation of nomadic lifestyle, regardless of voluntariness or cause, results in loss of gypsy status for planning purposes; the Inspector applied the wrong legal test and the decision must be remitted for rehearing.

Court Disposition

Appeal allowed; decision remitted for rehearing; planning permissions quashed; costs orders made.

Orders

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