Cases - R v Secretary of State for the Environment, ex parte Davis

Record details

Name

R v Secretary of State for the Environment, ex parte Davis

Date

[1989]

Citation

3 PLR 73

Keywords

Planning control

Summary

A gypsy resided in a caravan at a quarry. She received an enforcement notice requiring the caravan's removal. The Secretary of State determined that her appeal against the notice was invalid, as she was a trespasser. She claimed that this decision was a denial of her human rights.

Mr Justice McCowan determined that, as a trespasser can apply for planning permission and appeal against a refusal, there was no substance in this claim. She could by such means challenge the planning merits of the decision.