AS TO THE ADMISSIBILITY
Application No. 11748/85
by Richard DRAKE
against the United Kingdom
The European Commission of Human Rights sitting in private on
9 May 1988, the following members being present:
MM. C.A. NØRGAARD, President
S. TRECHSEL
G. SPERDUTI
E. BUSUTTIL
G. JÖRUNDSSON
A.S. GÖZÜBÜYÜK
A. WEITZEL
H.G. SCHERMERS
H. DANELIUS
G. BATLINER
Mrs. G.H. THUNE
Sir Basil HALL
MM. F. MARTINEZ
C.L. ROZAKIS
Mrs. J. LIDDY
Mr. H.C. KRÜGER, Secretary to the Commission
Having regard to Art. 25 of the Convention for the Protection
of Human Rights and Fundamental Freedoms;
Having regard to the application introduced on 2 June 1985 by
Richard Drake against the United Kingdom and registered on 20 August
1985 under file No. 11748/85;
Having regard to the report provided for in Rule 40 of the
Rules of Procedure of the Commission;
Having deliberated;
Decides as follows:
THE FACTS
The applicant is a British citizen born in 1924 and resident
at "Leeteens", Serpentine Road, Stratton Strawless, Norfolk. The
applicant is represented by Mr. Jarvis, a solicitor practising in
Norwich.
The facts as submitted by the applicant may be summarised
as follows:
In 1967, the applicant's wife bought half an acre of land
known as "Leeteens", Serpentine Road, Stratton Strawless. The land
was transferred into the applicant's name in 1969. The land had
previously been occupied by an old railway carriage and there was a
brick toilet from previous occupation.
The applicant and his family, who are gypsies, moved onto
"Leeteens" in two caravans and began to conduct a scrapmetal and car
repairing business.
From 1969, a series of enforcement notices were served on the
applicant by the local district council in relation to his user of the
land. The district council involved was initially St. Faiths and
Aylsham Rural District Council. After three enforcement notices
served on the applicant in 1969, this council took no further steps,
apparently as a result of the Caravan Act 1968 which required local
authorities to provide sites for gypsies, none of which existed at the
time in the area.
After a local re-organisation in 1974, St. Faiths was
succeeded by Broadland District Council which recommenced action
against unauthorised developments in the area and purported to adopt
a policy of preventing the sporadic encroachment of development in a
rural area not classified as a settlement area. The applicant and his
wife were convicted and fined six times between 1975-1980 for planning
offences.
The applicant made numerous applications for planning
permission, which were refused.
Proceedings were also taken in relation to the use of
"Leeteens" for scrap business. An enforcement notice was served on
the applicant on 4 November 1977, alleging the business constituted an
unauthorised material change of user.
On appeal, the planning inspector upheld the enforcement
notice and in his decision of 21 July 1978 held that the scrapyard was
of serious detriment to local amenity.
In December 1980, the district council decided to seek an
injunction to restrain the use of caravans at "Leeteens". These
proceedings were adjourned pending the applicant's application for
planning permission for these caravans. Application had been made on
13 November 1981 and on 10 November 1982, the inspector held that the
applicant's occupation of the site was of harmful nature to an
otherwise pleasant area and therefore dismissed the appeal.
Injunction proceedings were later re-instituted and on
8 March 1985, an injunction was granted to the district council
restraining the applicant from using the land to station caravans or
to repair or store motor vehicles. The council was ordered not to
take steps to enforce the injunction until 9 September 1985. The
applicant was advised by counsel that an appeal against the injunction
would have been to no avail.
On 29 January 1986, the applicant applied again for planning
permission for a bungalow. Planning permission was refused on
18 March 1986: the reason given was that the policy is to limit
housing development within towns and villages, save where the
development is essential to agriculture or where there is expansion
of an existing structure.
Broadland District Council passed a resolution however
not to continue High Court proceedings against the applicant for his
refusal to obey an injunction. By letter of 4 April 1986, they
proposed granting to the applicant temporary consent of ten years for
the use of three caravans on his land.
COMPLAINTS
The applicant complains that he has been discriminated against
by the district council because he is a gypsy. He submits that others
in the surrounding area have been granted planning permission for
bungalows, scrapyards and caravans despite the policy against
development invoked against his user of his land in the
above-mentioned proceedings.
The applicant therefore invokes Article 14 of the Convention
in connection with Article 1 of Protocol No. 1.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 12 June 1985 and registered
on 20 August 1985.
The Commission decided on 13 October 1986 to bring the
application to the notice of the respondent Government and invite them
to submit written observations on its admissibility and merits.
Observations of the respondent Government were submitted on
6 January 1987. By letter dated 16 July 1987, the applicant's
solicitor informed the Secretariat that the applicant had been granted
planning permission for three caravans for ten years. By letter dated
21 March 1988, the applicant's solicitor stated that the application
could be treated as abandoned and by letter dated 30 March 1988
confirmed that the applicant wished to withdraw his application.
REASONS FOR THE DECISION
The Commission notes that in view of the decision of the
district council to grant planning permission the applicant wishes to
withdraw his application. The Commission considers that there are no
reasons of a general character affecting the observance of the
Convention which necessitate a further examination of the case.
For these reasons, the Commission
DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.
Secretary to the Commission President of the Commission
(H.C. KRÜGER) (C.A. NØRGAARD)