CEDH · CASELAW;REPORTS;ENG — 21 janvier 1997

.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 }                        EUROPEAN COMMISSION OF HUMAN RIGHTS                                FIRST CHAMBER                          Application No. 23442/94                           Carol and Walter Smith                                   against                             the United Kingdom                          REPORT OF THE COMMISSION                        (adopted on 21 January 1997)                              TABLE OF CONTENTS                                                                    Page   I.     THE PARTIES       (paras. 1 - 3). . . . . . . . . . . . . . . . . . . . . . . . 1   II.    SUMMARY OF THE FACTS       (paras. 4 - 5). . . . . . . . . . . . . . . . . . . . . . . . 1   III.   THE PROCEEDINGS BEFORE THE COMMISSION       (paras. 6 - 11) . . . . . . . . . . . . . . . . . . . . . . . 2   IV.    THE DECISION OF THE COMMISSION       (paras. 12 - 14). . . . . . . . . . . . . . . . . . . . . . . 3   APPENDIX:   DECISION OF THE COMMISSION AS TO THE            ADMISSIBILITY OF THE APPLICATION . . . . . . . . . . . . 4   I.     THE PARTIES   1.     This Report, which is drawn up in accordance with Article 30 para. 2 of the European Convention for the Protection of Human   Rights and Fundamental Freedoms, concerns the application brought by Carol and Walter Smith against the United Kingdom.   2.     The applicants are British citizens. They were born in 1959   and 1971 respectively and reside in Willingham.   In the proceedings   before the Commission the applicants were represented by Mr. Luke   Clements, a solicitor practising in Hereford.   3.     The Government of the United Kingdom were represented by their Agent, Mr. Martin Eaton, Deputy Legal Adviser, Foreign and Commonwealth Office.   II.    SUMMARY OF THE FACTS   4.     The facts of the case are set out in the Commission's decision on admissibility of 12 October 1994, annexed hereto, and may be summarised as follows:         The applicants, gypsies by birth, bought a plot of land in or about 1990 and moved on to it in a caravan. They applied retrospectively   for planning permission, which was refused on 26 September 1991 by the local council.         On 19 December 1991 the local council issued enforcement notices in respect of the applicants` occupation of the land. The applicants appealed. On 17 July 1992 the appeal was rejected.         Criminal proceedings were instituted against the applicants for non-compliance with the enforcement notices. The prosecution against the first applicant was withdrawn on 29 September 1993 and the second applicant was given a conditional discharge and was ordered to pay £75 costs.   5.     The applicants complained before the Commission that they were prevented from living with their family in caravans on their own land and from pursuing their traditional way of life as gypsies.   III.   THE PROCEEDINGS BEFORE THE COMMISSION   6.     The application was introduced on 28 October 1993 and registered on 11 February 1994.   7.     On 8 March 1994 the Commission (First Chamber) decided, pursuant to Rule 48 para. 2 (b) of its Rules of Procedure, to give notice of the application to the respondent Government and to invite the parties to submit written observations on its admissibility and merits.   8.     The Government's observations were submitted on 12 May 1994.   The applicants replied on 5 August 1994 after one extension of the time-limit. On 5 July 1994 the Commission granted the applicants legal aid for the representation of their case.   9.     On 12 October 1994 the Commission declared the application admissible. The Commission also decided to adjourn further consideration of the application pending the outcome of the case of Buckley v. the United Kingdom.   10.    On 6 November 1996 the Government submitted further observations in the light of the judgment of the Court in the case of Buckley v. the United Kingdom. On 26 November 1996 the applicants` solicitors informed the Commission that in the light of the judgment of the Court in the case of Buckley v. the United Kingdom it was no longer realistic to pursue the complaint further and they agreed to the case being struck out.   11.    The Commission adopted the present Report and decided to transmit it to the Committee of Ministers and the Parties for information and to publish it.   The following members of the Commission were present when the Report was adopted:              Mrs.   J. LIDDY, President            MM.    E. BUSUTTIL                  A. WEITZEL                  L. LOUCAIDES                  B. MARXER                  B. CONFORTI                  N. BRATZA                  I. BÉKÉS                  G. RESS                  A. PERENIC                  C. BÎRSAN                  K. HERNDL                  M. VILA AMIGÓ            Mrs.   M. HION            M.     R. NICOLINI   IV.    THE DECISION OF THE COMMISSION   12.    The Commission notes that the applicants` representative in his letter of 26 November 1996 informed the Commission that the applicants, in the light of the Court`s judgment in the case of Buckley v. United Kingdom (see European Court H.R., judgment of 25 September 1996, to be published in the Reports of Judgments and Decisions for 1996) agree to their case being struck out.   13.    In the light of the above considerations, the Commission concludes that the applicants do not intend to pursue the application, within the meaning of Article 30 para. 1 (a) (Art. 30-1-a) of the Convention.   14.    Moreover, as regards the issues raised in the present case, the Commission finds no reasons of a general character affecting respect for Human Rights, as defined in the Convention, which require the further examination of the application by virtue of Article 30 para. 1 in fine of the Convention.         For these reasons, the Commission, unanimously,   DECIDES TO STRIKE APPLICATION No. 23442/94 OUT OF ITS LIST OF CASES;   ADOPTS THE PRESENT REPORT;   DECIDES TO SEND THE PRESENT REPORT to the Committee of Ministers and the Parties for information, and to publish it.     M.F. BUQUICCHIO                                  J. LIDDY      Secretary                                     President to the First Chamber                         of the First Chamber