DATE: 29 Sep 2004
In this highly controversial majority decision the Court of Appeal overturned a decision of the High Court and restored an Inspector's decision quashing an enforcement notices served against gypsy caravans stationed at West Ashling, Chichester. In his consideration of Article 8 the Inspector discussed the inadequate supply of gypsy sites in Chichester and the objective of meeting the accommodation needs of gypsies set out in 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 in assessing whether the admitted interference with the gypsies' A8 right was justified and proportionate and had not misunderstood the proposition in Chapman that A8 does not impose on national authorities an obligation to make available an adequate supply of sites for gypsies.
Richard Langham appeared for Chichester District Council.
