22
CONNORS v. THE UNITED KINGDOM JUDGMENT
apply. He saw no reason why, if it was reasonable and workable for owners
of privately run sites and housing associations and local authority landlords
of housing tenants to prove allegations, local authorities who ran gypsy sites
could not be required to the do the same. He noted that ample powers were
available to a court to deal as a matter of urgency with troublemakers,
including the power to grant interim injunctions and the powers under the
Anti-social Behaviour Act 2003 which did not require the attendance of
witnesses in court. He also disputed that the regime as it existed brought any
financial benefit to gypsies through low costs as the cost of a pitch was
variable, the average being much the same as rent for a Council house and
in his case being almost double.
76. Furthermore, the applicant submitted that in his case, which
concerned interference with an important right rendering his family
homeless with loss of effective access to education and health services, the
margin of appreciation should be narrow rather than wide. He considered
that his case could be distinguished from Chapman v. the United Kingdom,
([GC] no. 27138/95, ECHR 2001-I, § 92), relied on by the Government, as
that concerned a local planning decision grounded in local knowledge and
understanding of local conditions whereas his case concerned assessment of
a general policy at national level.
(b) The Government
77. The Government submitted the interference was justified as
necessary in a democratic society and was proportionate to its objectives.
The applicant had agreed to occupy the plot on the terms that neither he, his
family nor guests would cause a nuisance and he had been warned by the
Council that he was in breach. In the circumstances, the Council was
entitled to revoke the licence. Similar terms would have applied to a secure
housing tenant. Though the licence did not require the Council to give the
applicant the opportunity to challenge the allegations of nuisance made
against him, it was a public authority obliged to act lawfully, reasonably,
fairly and for the proper purposes for which its powers were conferred. Its
decisions were therefore amenable to judicial review and the applicant, who
was legally represented, was able to challenge the decision in judicial
review proceedings where the High Court found no evidence to doubt the
reasonableness and procedural fairness of the Council’s decision. The
Council had also taken into account the needs of the applicant and his
family in the decision-making process. If there had been no proper basis for
the eviction or the applicant had mounted a substantial factual challenge to
the asserted justification, the domestic courts would have been able, through
their scrutiny, to provide a remedy against arbitrary action. There was
however no substantial dispute as to the primary facts as the applicant did
not appear to deny that his sons and guests were causing a nuisance. This
procedure therefore provided the applicant with a series of important