South Oxfordshire District Council v Smith & Ors [2024] EWHC 2985 (KB) (11 November 2024)

South Oxfordshire District Council v Smith & Ors [2024] EWHC 2985 (KB) (11 November 2024)

Both Defendants knew of the injunction and its prohibitions, and deliberately breached it by bringing caravans onto the land, carrying out prohibited works, and changing the use of the land to a residential caravan site for their families without planning permission or written consent. Their breaches are not remedied and are to be regarded as continuing for penalty purposes.

Citation
[2024] EWHC 2985 (KB)
Parties
Claimant: South Oxfordshire District Council; Defendant (d5): Darren Smith; Defendant (d6): Milo Lee; Defendant (d7): Darren Lee
Jurisdiction
England and Wales
Judgment Date
11 November 2024
Procedural Posture
Contempt of Court Application (committal Proceedings) / Judgment and Sentencing
Outcome
Application for committal granted. Both Defendants found in contempt of court.
Legal Topics
Breach of Injunction, Town and Country Planning, Material Change of Use, Committal Proceedings, Suspended Sentence
Planning Law Civil Procedure Contempt of Court Breach of Injunction Town and Country Planning Material Change of Use Committal Proceedings Suspended Sentence

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Parties

South Oxfordshire District Council

Claimant

Darren Smith

Defendant (d5)

Milo Lee

Defendant (d6)

Darren Lee

Defendant (d7)

Procedural Posture

Contempt of Court Application (committal Proceedings) / Judgment and Sentencing

Legal Issues

  1. 1 Whether the Defendants breached the terms of a planning injunction under section 187B Town and Country Planning Act 1990
  2. 2 Whether occupation of caravans constituted a breach of the injunction
  3. 3 Whether breaches were deliberate and ongoing for the purposes of contempt

Ratio Decidendi

Both Defendants knew of the injunction and its prohibitions, and deliberately breached it by bringing caravans onto the land, carrying out prohibited works, and changing the use of the land to a residential caravan site for their families without planning permission or written consent. Their breaches are not remedied and are to be regarded as continuing for penalty purposes.

Court Disposition

Application for committal granted. Both Defendants found in contempt of court.

Orders

  • Each Defendant sentenced to 6 months' imprisonment, suspended for 18 months, on condition they do not bring further prohibited items onto the land.
  • Defendants to pay Claimant's costs jointly and severally, assessed at £23,500.