CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 3 décembre 1996

.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 }                            Application No. 32876/96                       by Ann Buckland and family                       against the United Kingdom        The European Commission of Human Rights (First Chamber) sitting in private on 3 December 1996, the following members being present:                Mrs.   J. LIDDY, President            MM.    M.P. PELLONPÄÄ                  E. BUSUTTIL                  A. WEITZEL                  L. LOUCAIDES                  B. CONFORTI                  N. BRATZA                  I. BÉKÉS                  G. RESS                  A. PERENIC                  C. BÎRSAN                  K. HERNDL                  M. VILA AMIGÓ            Mrs.   M. HION              Mrs.   M.F. BUQUICCHIO, Secretary to the Chamber        Having regard to Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms;        Having regard to the application introduced on 21 May 1996 by Ann Buckland and family against the United Kingdom and registered on 5 September 1996 under file No. 32876/96;        Having regard to the report provided for in Rule 47 of the Rules of Procedure of the Commission;          Having deliberated;        Decides as follows:   THE FACTS        The applicant is a British citizen born in 1956 and resident in Tanworth in Arden. She complains on her own behalf and on behalf of her husband, her four children, her sister and her husband and their three children, all of whom live at the same address. She is represented before the Commission by Messrs. Tyndallwoods, solicitors practising in Birmingham. The facts as submitted by the applicant may be summarised as follows.        The applicant and her family are Romany gypsies who have lived a traditional nomadic life for many generations. They live in caravans and travel together as a family.        In October 1993, the applicant and her sister purchased land known as the Paddock in Tanworth in Arden, Warwickshire, in order to provide a stable home for their families, education for the children and care for their health, in particular in the case of one of the daughters of the applicant's sister who is suffering from a terminal illness.        The applicant and her family took up residence on their land in April 1994. The local authority served an enforcement notice on them on 2 August 1994 requiring the removal of the caravans for which no planning permission had been given.   The applicant's appeal was heard before an Inspector at a Public Inquiry on 13 February 1996. The decision of the Inspector dated 26 March 1996 rejected the appeal and refused to grant planning permission. The inspector found that the development intruded on a special landscape area and site of special scientific interest, was subject to noise levels from the adjacent motorway which exceeded the relevant guidelines and increased unacceptably the risk of accidents on the adjoining highway. The inspector had regard to the gypsy status of the applicant and her family and their medical and educational needs but found that these did not outweigh the planning objections.        It is expected that the local authority will proceed to take action to secure the removal of the applicant and her family from their land.   COMPLAINTS        The applicant claimed that her rights under Article 8 of the Convention are being interfered with since she was being prevented firstly, from living with her family in caravans on their own land and secondly, from pursuing the traditional gypsy lifestyle and culture.        The applicant also invoked Article 14, claiming that she was being discriminated against on the grounds of being a Romany gypsy and Article 1 of Protocol No.1 in respect of being denied the right to live peacefully with her family on their own land.   PROCEEDINGS BEFORE THE COMMISSION        The application was introduced on 21 May 1996 and registered on 5 September 1996.        The Court delivered its judgment in Buckley v. the United Kingdom on 25 September 1996 (Eur. Court HR to be published in Reports 1996).        On 23 October 1996, the applicant's representatives wrote to the Commission stating that they wished to withdraw the application.   REASONS FOR THE DECISION        The Commission recalls that the applicant's representatives wish to withdraw the application following the Court's judgment in the Buckley case, where it found no violation of Article 8 of the Convention in relation to the refusal of planning permission to the applicant, a gypsy, to reside in caravans with her children on her own land.        In these circumstances, the Commission finds that the applicant does not intend to pursue her application before the Commission. The Commission further considers that respect for Human Rights as defined in the Convention does not require it to continue the examination of the application.        It follows that the application may be struck out of the list of cases pursuant to Article 30 para. 1 of the Convention.        For these reasons, the Commission, unanimously,        DECIDES TO STRIKE THE APPLICATION OUT OF ITS LIST OF CASES.       M.F. BUQUICCHIO                                  J. LIDDY      Secretary                                     President to the First Chamber                          of the First Chamber