The Public and Third Sector Law Reports
[2009] PTSR 1708
Court of Appeal
Regina (Rafferty and another)
v
Secretary of State for Communities and Local Government and another
[2009] EWCA Civ 809
2009 June 23;
July 29
July 29
Lord Clarke of Stone-cum-Ebony MR, Scott Baker, Smith LJJ
Human rights— Right to respect for private and family life— Planning control— Gipsies purchasing agricultural land refused permission by local authority for change to residential use with caravans— Gipsies not living on land at time of planning application— Planning inspector’s assessment that proposal causing unacceptable harm to character and appearance of surrounding area— Whether proper consideration of gipsies’ way of life— Whether Convention right engaged— Whether Convention right infringed—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 8
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