0370 270 6000

Court reminds councils of traveller provision

3 June 2013

Judgment was recently handed down by the Court of Appeal in the case of Delaney v Basildon Borough Council [2013] EWCA Civ 505.

This matter concerned an unauthorised travellers site in greenbelt land which had previously been granted temporary planning permission. This permission had lapsed and wasn’t renewed. The site’s occupant claimed that permission should be granted due to an acknowledged lack of traveller provision in the district.

The Court of Appeal determined that the inspector was entitled to find that other material factors outweighed the failure of the council to address the lack of traveller provision.

However the judge emphasised the importance which should be placed on having suitable traveller provision and although an inspector is entitled not to grant planning permission in such circumstances he is not bound to do so.

Therefore it remains that the most effective way to ensure appropriate locations for traveller sites is for councils to make sure that they identify suitable provision for travellers.

Related opinions

IR35 rules to be scrapped from April 2023

The Chancellor’s recent mini-budget provided a significant announcement for business as it was confirmed that the off-payroll working rules (known as “IR35”) put in place for public and private sector businesses from 2017 and 2021 will be scrapped from April 2023.

View blog

Cameras in convenience stores: a potential hornet’s nest..?

A convenience retailer has opted to install cameras (the “Facewatch” system) at a limited number of its English stores to reduce crime and protect its staff.

View blog

Challenges from potential Foster Carers and Adopters

Our immediate future shows a renewed focus on foster care. We’re going to see a new nationwide-drive to recruit foster carers and the implementation of a more robust, and potentially financially-generous system for encouraging friends and family to care for their relatives (both when extended families cannot cope or provide care for any reason).

View blog

Unions bowled over by strike legislation

As of 21 July, two separate pieces of legislation came into force which seeks to mitigate against strike action. It should come as no surprise that this is a direct response to the rail strikes, which have dominated the news in the last couple of months.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up