0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

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 changes - six months and counting...

In his 2018 Autumn Budget, the then Chancellor, Phillip Hammond, announced a significant change to the way liability for IR35 breaches will be dealt with for private sector companies from April 2020.

View blog

Marriott International: a look behind the ICO’s £99m fine and what this means for corporate acquisitions

Last month, the Information Commissioner’s Office (ICO) announced notice of its intention to fine (NOI) Marriott International, Inc. £99m for infringements of the GDPR.

View blog

Supreme Court backs employers seeking to enforce restrictive covenants: Tillman v Egon Zehnder Ltd

The Supreme Court in Tillman v Egon Zehnder Ltd has determined that where post-termination restrictive covenants (i.e. “non-compete” clauses) in employment contracts go further than reasonably necessary to protect an employer’s business interests, it can apply the ‘blue pencil test,’ severing the offending words and leaving the remaining enforceable clause in place.

View blog

Watch this space on breach of contract, vicarious liability and assumption of responsibility

The concept of Assumption of Responsibility is on many stakeholders’ minds at the moment following the Supreme Court decision in CN & GN v Poole.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up