Cases - R v Thomas George Clarke
Record details
- Name
- R v Thomas George Clarke
- Date
- [2002]
- Citation
- EWCA Crim 753
- Legislation
- Keywords
- Planning control
- Summary
-
A Romany gypsy pleaded the defence under section 179(3). He claimed he had nowhere else to station his caravan and he could not reasonably be expected to choose between abandoning his traditional gypsy way of life and evicting his family from the land and moving his caravan on to the roadside so as to comply with the enforcement notice.
The Court of Appeal followed Beard and held that this is no defence. There is no conflict with human rights because these issues had already been dealt with in the planning appeal process.