28
CONNORS v. THE UNITED KINGDOM JUDGMENT
tenure protection covers privately run gypsy sites to which the same
considerations would appear also to apply. Consequently the Court is not
persuaded there is any particular feature about local authority gypsy sites
which would render their management unworkable if they were required to
establish reasons for evicting long-standing occupants. Nor does it find any
indication that the gypsies would lose the advantage of low financial costs
attaching to local authority sites. According to the submissions of the
applicant, which were not contested by the Government, local authority
gypsy sites do not benefit from particularly low licence fees and in his case
he had to pay double the rate of a local authority housing tenancy.
90. Nor does the gypsy population gain any benefit from the special
regime through any corresponding duty on the local authority to ensure that
there is a sufficient provision for them (see P. v. the United Kingdom,
no. 14751/89, decision on admissibility of 12 December 1990, Decisions
and Reports 67, p. 264, concerning the regime applicable before the repeal
of section 6 of the Caravan Sites Act 1968 and paragraphs 35-36 above).
The October 2002 report noted that 70% of local authorities did not have
any written gypsy/traveller accommodation policy and commented that this
reflected the lack of a specific duty on local authorities to consider their
needs (paragraph 58 above). Since the 1994 Act came into force, there has
been only a small net increase in the number of local authority pitches. The
case of Chapman, together with the four other applications by gypsies
decided by the Grand Chamber (Beard v. the United Kingdom,
no. 24882/94, Coster v. the United Kingdom no. 24876/94, Jane Smith v. the
United Kingdom, no. 25154/94, and Lee v. the United Kingdom,
no. 25289/94, judgments of 18 January 2001), also demonstrate that there
are no special allowances made for gypsies in the planning criteria applied
by local authorities to applications for permission to station of caravans on
private sites.
91. The Government have pointed out that the domestic courts, since the
entry into force of the Human Rights Act 1998, have examined the
Convention issues in similar cases and found no violations of Articles 14
or 8. The Court notes that the High Court has reviewed the lack of security
of tenure of gypsies on local authority sites in a number of cases. There is
force in the Government’s argument that some weight should be attached to
the views of national judges who are in principle better placed than an
international one to assess the requirements of the society because of their
direct and continuous links with that society. However, in Isaacs, the judge
commented that he was not over-impressed by the vagueness of
‘experience’ relied on by the Government in justifying the necessity of the
regime (see paragraph 50 above), while in Smith, the judge implied that he
would have no difficulty in concluding that there were a substantial majority
of gypsies who were no longer nomadic whose position could immediately
be safeguarded by some new legislation (paragraph 53 above). The Court