Claire Wilson v Wychavon District Council

Claire Wilson v Wychavon District Council

The difference in treatment between dwelling houses and caravans under section 183(4) is proportionate due to the greater immediate environmental impact of caravans. The legislative 'bright line' rule is justified, and procedural safeguards exist via the discretionary nature of stop notices and the requirement for authorities to act compatibly with Convention rights. Section 183(4) is not incompatible with Convention rights.

Parties
Claimant: Claire Wilson; Defendant: Wychavon District Council; Interested Party: First Secretary of State
Jurisdiction
England and Wales
Judgment Date
20 December 2005
Procedural Posture
Judicial Review / Final Judgment and Post Judgment Applications
Outcome
Claim dismissed; declaration of incompatibility refused; permission to appeal refused.
Legal Topics
Discrimination, Article 14 ECHR, Article 8 ECHR, Planning Enforcement, Gypsy and Traveller Rights
Administrative Law Human Rights Law Planning Law Discrimination Article 14 ECHR Article 8 ECHR Planning Enforcement Gypsy and Traveller Rights

Case Brief

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Parties

Claire Wilson

Claimant

Wychavon District Council

Defendant

First Secretary of State

Interested Party

Procedural Posture

Judicial Review / Final Judgment and Post Judgment Applications

Legal Issues

  1. 1 Whether section 183(4) of the Town and Country Planning Act 1990 is incompatible with Article 14 ECHR due to indirect discrimination against gypsies and travellers
  2. 2 Whether Parliament's omission of caravan protection in stop notices is proportionate and justified
  3. 3 Whether Hansard debates are relevant to proportionality analysis

Ratio Decidendi

The difference in treatment between dwelling houses and caravans under section 183(4) is proportionate due to the greater immediate environmental impact of caravans. The legislative 'bright line' rule is justified, and procedural safeguards exist via the discretionary nature of stop notices and the requirement for authorities to act compatibly with Convention rights. Section 183(4) is not incompatible with Convention rights.

Court Disposition

Claim dismissed; declaration of incompatibility refused; permission to appeal refused.

Orders

  • Costs order in favour of Secretary of State against legally funded claimant, not to be enforced without leave of court.
  • Public funding assessment ordered.