Lee v Rhondda Cynon Taff County Borough Council

Lee v Rhondda Cynon Taff County Borough Council

There are real prospects of success in arguing that the authority failed to discharge its statutory duty by not considering whether to acquire a site for the appellant’s caravan, and that the recorder’s approach to strategic decisions and enquiries was arguably wrong.

Parties
Appellant: Lee; Respondent: Rhondda Cynon Taff County Borough Council
Jurisdiction
England and Wales
Judgment Date
09 April 2008
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Homelessness, Gypsy and Traveller Accommodation, Statutory Duties of Local Authorities, Cultural Rights
Housing Law Administrative Law Human Rights Law Homelessness Gypsy and Traveller Accommodation Statutory Duties of Local Authorities Cultural Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Lee

Appellant

Rhondda Cynon Taff County Borough Council

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the local authority discharged its statutory housing duty to a Romany gypsy by offering bricks and mortar accommodation instead of a caravan site or pitch
  2. 2 Whether the authority was required to consider exercising its power to acquire a caravan site under section 24 of the Caravan Sites Control and Development Act 1960
  3. 3 Whether the authority gave proper consideration to the appellant's cultural needs as required by law

Ratio Decidendi

There are real prospects of success in arguing that the authority failed to discharge its statutory duty by not considering whether to acquire a site for the appellant’s caravan, and that the recorder’s approach to strategic decisions and enquiries was arguably wrong.

Court Disposition

Permission to appeal granted

Orders

  • Appeal to be heard as soon as possible, preferably in Wales
  • Presiding judge to consider whether this appeal and South Cambridgeshire District Council v Gammell (C3/2008/0042) should be heard together