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Enforcement of Planning Control
It is important to remember that LPAs have a discretion to take no action in the event of a breach of planning control: see R (Prokopp) v London Underground Limited.
Considerations of common humanity
There have been a number of cases in which it has been held that local authorities should take account of considerations of common humanity before taking action to evict Gypsies and Travellers from land.
In R v Kerrier DC ex parte Uzell, Latham J decided that a LPA should take such considerations into account before taking steps to enforce planning control. Thus, a LPA should make inquiries before deciding whether to take any action and when doing so it is suggested that a LPA ought to take account of the advice given by the Government in the ‘Guidance on Managing Unauthorised Camping’ (published in February 2004) on the best practice to be employed when conducting such inquiries.
This section sets out options that may be open to Councils if Caravan Sites are found to be in breach of planning control.
Considerations of common humanity
There have been a number of cases in which it has been held that local authorities should take account of considerations of common humanity before taking action to evict Gypsies and Travellers from land.
In R v Kerrier DC ex parte Uzell, Latham J decided that a LPA should take such considerations into account before taking steps to enforce planning control. Thus, a LPA should make inquiries before deciding whether to take any action and when doing so it is suggested that a LPA ought to take account of the advice given by the Government in the ‘Guidance on Managing Unauthorised Camping’ (published in February 2004) on the best practice to be employed when conducting such inquiries.
This section sets out options that may be open to Councils if Caravan Sites are found to be in breach of planning control.
