injunctions were made in England in 2009.209 It is not possible to find statistics as to the number of times when local authorities took direct action and forcibly destroyed buildings built in breach of planning control. It is clear from these statistics that most applications for planning permission succeed. Where applications are refused, landowners or developers tend to comply. Enforcement is quite rare and direct action – forcible entry onto the land and destruction of buildings – even more so. 8.6. Gypsy and Traveller cases The position of Gypsies and Travellers is probably the most analogous to that of Palestinians in East Jerusalem. Gypsies and Travellers regularly experience racism and hostility from the rest of the public and this can be reflected in public statements expressed in the media or by politicians.210 They experience discrimination in the provision of public services such as health, education and social services, and also discrimination at the hands of the police. The European Court of Human Rights has recognised the importance to Gypsies in maintaining their ethnic identity and key to that can be the importance of maintaining a travelling lifestyle.211 Traditionally they would camp on common land, moving from one area to another. The Caravan Sites and Control of Development Act 1960 gave local authorities the power to close the commons to Travellers, along with a concomitant power to open caravan sites in order to house those displaced from common land.212 The power subsequently became a duty213 but most local authorities failed to comply. In 1994, the duty to provide caravan sites was repealed.214 The effect is that, whilst some caravan sites are available for Gypsies and Travellers, the numbers are wholly inadequate. Even where sites are available, the provision of facilities may be inadequate or the site may be very poorly located. Around one in four Gypsy or Traveller families do not have a legal place to park their caravan. In the absence of permission to live on an authorised site, Gypsies and Travellers park on
209
See Department for Communities and Local Government , ‘Planning applications statistics’. Available at: http://www.communities.gov.uk/planningandbuilding/planningbuilding/planningstatistics/statisticsplan ning/ 210 See Sarah Cemlyn et al., Inequalities Experienced by Gypsy & Traveller Communities: A Review (Equalities and Human Rights Commission, 2009). 211 Chapman v UK [2001] 33 EHRR 399, EctHR. 212 Succinctly summarised by Sedley J in R v Lincolnshire County Council ex parte Atkinson (1996 8 Admin LR 529, QBD. The legal background and current legal position is best described in: Chris Johnson & Marc Willers, Gypsy & Traveller Law (Legal Action Group, 2006). 213 Caravan Sites Act 1968. 214 Criminal Justice and Public Order Act 1994.
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