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First Secretary of State v Chichester DC [2004] EWCA Civ 1248, [2005] 1 WLR 279

DATE: 29 Sep 2004

 

In this highly controversial decision the Court of Appeal (by a majority) overturned a decision of the High Court and restored an Inspector’s decision quashing an enforcement notice against a gypsy caravan site at West Ashling, Chichester. In his consideration of Article 8 the Inspector discussed the inadequate supply of gypsy sites in Chichester and the objectives of C1/94. The Court of Appeal (Wall LJ and Pumfrey J, Auld LJ dissenting) held that the Inspector had properly taken these matters into account and had not assumed that A8 imposed on national authorities an obligation to make available an adequate supply of sites for gypsies.

Richard Langham appeared for Chichester District Council.