Anderson & Ors v Basildon District Council [2021] EWCA Civ 363 (16 March 2021)

Anderson & Ors v Basildon District Council [2021] EWCA Civ 363 (16 March 2021)

The committal orders and suspended sentences were a proper and proportionate response to the appellants' deliberate and flagrant breaches of planning law and court orders. Covid-19 regulations did not prevent compliance, as moving to fulfil a legal obligation is a reasonable excuse. The Judge considered all relevant circumstances, including personal hardship and the pandemic, and the sentences imposed were the minimum appropriate. The appeals disclosed no error of law or principle.

Citation
[2021] EWCA Civ 363
Parties
Appellant/defendant: Charles Anderson; Appellant/defendant: Brian McGinley; Appellant/defendant: Freddie Anderson; Appellant/defendant: Gerry (Jerry) Anderson; Appellant/defendant: Bridget McDonagh; Appellant/defendant: John McDonagh; Appellant/defendant: Patrick Collins; Appellant/defendant: Thomas Cleary; Respondent/claimant: Basildon District Council
Jurisdiction
England and Wales
Judgment Date
16 March 2021
Procedural Posture
Civil Appeal / Appeal From Committal Orders (sentence Only)
Outcome
Appeal dismissed
Legal Topics
Committal for Contempt, Injunctions, Green Belt Planning Control, Covid 19 Regulations, Suspended Sentences
Planning Law Civil Procedure Human Rights Committal for Contempt Injunctions Green Belt Planning Control Covid 19 Regulations Suspended Sentences

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Parties

Charles Anderson

Appellant/defendant

Brian McGinley

Appellant/defendant

Freddie Anderson

Appellant/defendant

Gerry (Jerry) Anderson

Appellant/defendant

Bridget McDonagh

Appellant/defendant

John McDonagh

Appellant/defendant

Patrick Collins

Appellant/defendant

Thomas Cleary

Appellant/defendant

Basildon District Council

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From Committal Orders (sentence Only)

Legal Issues

  1. 1 Whether the committal sentences and conditions were lawful and proportionate given Covid-19 restrictions and personal circumstances
  2. 2 Whether breaches of earlier orders should have been considered in sentencing
  3. 3 Whether the time for compliance was adequate

Ratio Decidendi

The committal orders and suspended sentences were a proper and proportionate response to the appellants' deliberate and flagrant breaches of planning law and court orders. Covid-19 regulations did not prevent compliance, as moving to fulfil a legal obligation is a reasonable excuse. The Judge considered all relevant circumstances, including personal hardship and the pandemic, and the sentences imposed were the minimum appropriate. The appeals disclosed no error of law or principle.

Court Disposition

Appeal dismissed

Orders

  • Committal orders and suspended sentences upheld
  • Time for compliance with condition (a) varied to 12 noon on Monday 22 March 2021