Tim Baldwin of the Garden Court Romani Gypsy & Traveller Rights Team acted for the appellant Traveller, instructed by Michael Imperato of Watkins & Gunn Solicitors.
The High Court in Cardiff has granted a Traveller permission to appeal s 289 TCPA 1990 of a Planning Inspector's decision upholding an enforcement notice.
The case concerns a risk of harm to the highway of a Traveller site. This was the only issue which prevented the Local Authority from granting planning permission. The inspector found, despite there being no accident recorded on the main highway at the access point to the site for over 22 years, or occupation of the land and use of the site for six years by the Traveller, that the risk of harm to the highway outweighed the interference with the Traveller and her children’s rights.
The High Court granted permission to appeal in the basis that it was arguable the Inspector had not adequately investigated the impact on the Traveller and her children of the consequences of eviction and the interference of the rights under Article 8 of the ECHR. There was also a lack of any available Traveller sites, combined with the potential impact of s 60C of the Criminal Justice and Public Order Act 1994 on criminalisation and seizure of their vehicles, as they would be forced onto the side of the road or into unauthorised encampments, disrupting educational and health needs of the Appellant’s children.
