Taunton Deane Borough Council v Packman & Ors [2010] EWHC 2437 (QB) (05 October 2010)

Taunton Deane Borough Council v Packman & Ors [2010] EWHC 2437 (QB) (05 October 2010)

Given the flagrant and prolonged breach of planning control, the exhaustive planning history with repeated refusals, the availability of suitable alternative accommodation, and the absence of any material change in circumstances or real prospect of a different planning decision, it is just and proportionate to grant a permanent injunction requiring the defendants to leave the site.

Citation
[2010] EWHC 2437
Parties
Claimant: Taunton Deane Borough Council; Defendants: Packman and ors
Jurisdiction
England and Wales
Judgment Date
05 October 2010
Procedural Posture
Injunction Application Under Section 187 B Town and Country Planning Act 1990 / Final Hearing of Application for Permanent Injunction
Outcome
Permanent injunction granted
Legal Topics
Injunctions, Enforcement of Planning Control, Article 8 ECHR, Gypsy and Traveller Accommodation, Proportionality, Alternative Accommodation
Planning Law Human Rights Law Injunctions Enforcement of Planning Control Article 8 ECHR Gypsy and Traveller Accommodation Proportionality Alternative Accommodation

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Parties

Taunton Deane Borough Council

Claimant

Packman and ors

Defendants

Procedural Posture

Injunction Application Under Section 187 B Town and Country Planning Act 1990 / Final Hearing of Application for Permanent Injunction

Legal Issues

  1. 1 Whether a permanent injunction should be granted to require the removal of gypsy caravans from land in breach of planning control
  2. 2 Whether suitable alternative accommodation has been offered to the defendants
  3. 3 Whether there is a real prospect of a different planning decision justifying adjournment or refusal of relief

Ratio Decidendi

Given the flagrant and prolonged breach of planning control, the exhaustive planning history with repeated refusals, the availability of suitable alternative accommodation, and the absence of any material change in circumstances or real prospect of a different planning decision, it is just and proportionate to grant a permanent injunction requiring the defendants to leave the site.

Court Disposition

Permanent injunction granted

Orders

  • Permanent injunction requiring the represented defendants (Hollands and Smiths) to leave plots 8 and 16 at Oxen Lane, North Curry, Taunton.
  • Permission granted to join Krystle Holland, Sophie Marie Holland, and Luke Steven as additional defendants.