Nuneaton and Bedworth Borough Council have been permitted to use their powers, under section 178 of the Town and Country Planning Act 1990, to enter onto a gypsy site in order to evict them, even though they had initiated proceedings in the county court.
The land, in Wolvey Road, Bulkington, Warwickshire has been occupied by up to 100 gypsies since April 2001. On 31 July 2003, Judge Rundell granted an injunction, under section 187B of the 1990 Act, ordering the gypsies to vacate the site and to remove their vehicles by 3 January 2004.
After the gypsies failed to vacate the land, the council resolved in committee to exercise their section 178 powers rather than to remit the matter to Judge Rundell. Section 178 allows a local authority to enter onto land in order to effect an enforcement notice, which, in this case, would involve the forceable eviction by bailiffs.
A group of 22 gypsies, led by John Lee, brought proceedings against the council, arguing that the decision to evict them was “illogical, unreasonable and unfair” and that the council had effectively “acted as judge and jury in their own case”.
The gypsies claimed: “It is not for the local authority to bypass the learned county court judge when it comes to enforcement. The judge had reserved the matter to himself, and, on an application to the judge to enforce the order, the claimants would be able to argue why the order should not be enforced.”
They also maintained that the council had breached their rights to a fair trial, under Article 6 of the European Convention on Human Rights, and to respect for their private and family lives under Article 8.
However, counsel for the local authority argued: “Enforcement against the breach of planning control is proportionate, and does not become disproportionate because the defendants exercise their discretion to enforce by means of section 178, rather than by some other lawfully available means. Nor does it become disproportionate because the defendants exercise their discretion to enforce by means of section 178 when they have already obtained a final injunction in the courts.”
The High Court agreed. It held that the council were entitled to take action under section 178 even though they had already instituted section 187 proceedings.
The judge added that, although the gypsies may have succeeded in their claim if the council had undertaken concurrent procedures for no apparent reason, continuing in this case with the section 187B procedure, which may have led to imprisonment for certain gypsies, would have caused greater difficulties.
R (on the application of Lee and others) v Nuneaton and Bedworth Borough Council Queen’s Bench Division: Administrative Court (Collins J) 21 April 2004.
References: EGi Legal News 22/04/04