Basildon District Council has lost a High Court bid to move three gypsy caravans from green belt land in their area.
One of the countrys top judges backed a decision by the Environment Secretary to allow the caravans to remain on green belt land at Little Meadow, The Lily and The Paddocks, all at Grange Road, North Benfleet, Basildon, against a planning inspectors recommendations.
Ouseley J said that the Secretary of State was right to take into account in his decision personal factors affecting the gypsy families, including the importance of providing stable education to their children. The judge ruled that the Secretary of State’s decision was neither unreasonable nor irrational.
He said: “Personal circumstances are a material consideration. The weight to be attached to them depends on the circumstances of the case.”
The judge added: “There was no requirement in law for the Secretary of State to find that the personal circumstances of these gypsy families was exceptional among the population at large or among gypsies in particular. This went only to the weight attached to them.”
However, he warned that although the Secretary of State was justified in varying the inspectors decision in this case, the same would not always be the case for gypsy families with children.
He said: “The Secretary of State did not rely on those personal circumstances as being the only factor justifying his view. He gave them significant weight, but his conclusion was based both on those circumstances and the general need for more gypsy sites in the area.”
PLS News 22/12/00
