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)

The court granted the injunction because the breach of planning control was flagrant and prolonged, planning permission had been repeatedly and recently refused after full consideration of personal circumstances, no material change in circumstances had occurred, and suitable alternative accommodation was available. The grant of an injunction was necessary and proportionate to enforce planning control and did not violate Article 8 ECHR.

Citation
[2010] EWHC 2437 (QB)
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
Injunction granted
Legal Topics
Injunctions, Enforcement of Planning Control, Gypsy and Traveller Sites, Article 8 ECHR, Proportionality, Alternative Accommodation
Planning Law Human Rights Law Local Government Law Injunctions Enforcement of Planning Control Gypsy and Traveller Sites Article 8 ECHR Proportionality +1 more

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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 removal of gypsy caravans from land in breach of planning control
  2. 2 Whether suitable alternative accommodation is available
  3. 3 Whether the grant of an injunction is proportionate under Article 8 ECHR

Ratio Decidendi

The court granted the injunction because the breach of planning control was flagrant and prolonged, planning permission had been repeatedly and recently refused after full consideration of personal circumstances, no material change in circumstances had occurred, and suitable alternative accommodation was available. The grant of an injunction was necessary and proportionate to enforce planning control and did not violate Article 8 ECHR.

Court Disposition

Injunction granted

Orders

  • Permanent injunction requiring the represented defendants to leave the site and remove caravans
  • Permission granted to join Krystle Holland, Sophie Marie Holland, and Luke Steven as additional defendants