In her latest article for Local Government Lawyer, Arevik Jackson explores the complex intersection of personal circumstances, public safety, and the planning balance in two co-joined enforcement appeal decisions involving Gypsy and Traveller families.
These cases involved pitches located within the Health and Safety Executive (HSE) Inner Zones of high-pressure gas pipelines – areas where the consequences of failure could be catastrophic. Despite these serious risks, the appeals succeeded on a temporary and personal basis, due to a compelling combination of individual needs and the absence of suitable alternative sites.
The decision reflects the difficult balance inspectors must strike between public safety and human rights, especially when vulnerable families are involved. It also highlights the importance of a well-evidenced planning case and careful consideration of proportional enforcement.
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