Wed, 15 Jul 2015
Early this year, in the case of Moore and Coates v. Secretary of State  EWHC 44 (Admin);  JPL 762;  PTSR D14), Gilbart J in the Planning Court found that the Secretary of State for Communities and Local Government had discriminated against two Romani Gypsy women contrary to the Equality Act 2010 ss 19 and 29, to have breached the public sector equality duty contrary the Equality Act 2010 s149 and to have caused serious delay contrary to article 6 of the European Convention on Human Rights.
He had decided to recover the appeals (i.e. to take the decision in the women’s planning appeals away from planning inspectors and instead to decide them himself). He had then failed over a long period of time to make a decision. Tim Jones appeared for Ms Moore.
As a result of the court order the matter went back to the planning inspectors. There was still a delay and an application to the European Court of Human Rights was threatened.
On 15th July the planning inspectors issued their decisions. Both Ms Coates (for whom Tim Jones acted) and Ms Moore have been granted planning permission. In the Coates appeal decision the inspector found that the Gypsy Traveller Accommodation Needs Assessment on which the LPA had relied may have understated need in three separate respects.
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