Chapman v. United Kingdom

App. No. 27238/95, 2001-I Eur. Ct. H.R. (2001)

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Chapman v. United Kingdom

European Court of Human Rights
App. No. 27238/95, 2001-I Eur. Ct. H.R. (2001)

Facts

Sally Chapman (plaintiff) was a Gypsy and a British citizen. As a Gypsy, Chapman was a member of a national minority. Gypsies were nonterritorial minorities, frequently traveling from place to place. However, Chapman purchased land and placed her family’s mobile home on the land without seeking planning permission first, which she knew was necessary. When Chapman sought permission after the fact, permission was denied. The land that Chapman purchased was an area dedicated to agricultural or forestry use that restricted residential development in favor of preserving the land as permanently open space. There were no sites set aside for residences for Gypsies in the district. Chapman was not allowed to live on the land and had to resume traveling from place to place. After Chapman lost two appeals of the decision, she filed a complaint alleging that the refusal to allow her to place her mobile home on her land violated Article 8 of the European Convention of Human Rights (the convention).

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Dissent (Ridruejo, et al., J.J.)

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