O’Brien & Ors v South Cambridgeshire District Council [2008] EWCA Civ 1159

24 October 2008


Discrimination grounds

Summary of case
The case concerned six people of Gypsy ethnicity. They occupied mobile homes on plots on land in breach of planning control. There had been an appeal to the Secretary of State against refusal of permission to develop the land as a gypsy caravan site and against an enforcement notice issued by the local planning authority. The Secretary of State rejected their appeals, although he extended the period for compliance with the enforcement notice from 2 months to 12 months, which would ‘allow the residents time to find somewhere to live and would minimise the disruption of the education of the children of school age’. The appellants challenged the decision as having been reached without adequate consideration of the Race Equality Duty.

The Council ‘did not fail in its statutory duties under section 71 of the RRA and the Code of Practice, nor did it leave out of account any relevant consideration.’

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