CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 9 mai 1988

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }  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)