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Offers of conventional housing

This content applies to England

Duty of local authority to consider cultural background in offer of conventional housing.

The courts have also considered the issue of human rights and the availability of conventional 'bricks and mortar' housing when deciding whether to grant planning permission to Gypsies and Travellers.

In one case,[1] a planning inspector had dismissed an appeal against refusal of planning permission because the council had offered a conventional property to the applicant. The court held that the decision had been made wrongly and was in breach of the applicant's rights under Article 8 and Article 14 (enjoyment of substantive rights without discrimination) because it was contrary to his culture to accept conventional accommodation. However, the judge also made it clear that all the circumstances had to be taken into account, and that this judgment did not mean that all Gypsies would be automatically granted planning permission where the only other accommodation option open to them is conventional housing.

The information on this page applies only to England. Go to Shelter Cymru for information relating to Wales.

[1] Clarke v Secretary of State for the Environment, Transport and the Regions and Tunbridge Wells BC [2001] EWHC Admin 800.

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