Solihull Metropolitan Borough Council v Burton & Ors [2013] EWHC 971 (QB) (26 March 2013)

Solihull Metropolitan Borough Council v Burton & Ors [2013] EWHC 971 (QB) (26 March 2013)

The defendants are bound by the consent order to vacate the site after twelve months; no grounds exist to reopen or suspend the injunction based on lack of alternative pitches or children's welfare; only a short extension is justified due to severe weather.

Citation
[2013] EWHC 971
Parties
Claimant: Solihull Metropolitan Borough Council; Defendants: Noah Burton and Others
Jurisdiction
England and Wales
Judgment Date
26 March 2013
Procedural Posture
Application to Vary Injunction / Post Final Injunction, Hearing on Applications to Vary/suspend
Outcome
Applications to vary and suspend injunction dismissed, except for extension due to weather.
Legal Topics
Injunctions, Traveller Sites, Planning Permission, Children's Welfare, Green Belt Restrictions
Planning Law Civil Procedure Human Rights Injunctions Traveller Sites Planning Permission Children's Welfare Green Belt Restrictions

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Parties

Solihull Metropolitan Borough Council

Claimant

Noah Burton and Others

Defendants

Procedural Posture

Application to Vary Injunction / Post Final Injunction, Hearing on Applications to Vary/suspend

Legal Issues

  1. 1 Whether the injunction should be suspended pending provision of alternative pitches
  2. 2 Whether the injunction should be varied to allow two caravans for vulnerable defendants
  3. 3 Impact of children's welfare on planning enforcement

Ratio Decidendi

The defendants are bound by the consent order to vacate the site after twelve months; no grounds exist to reopen or suspend the injunction based on lack of alternative pitches or children's welfare; only a short extension is justified due to severe weather.

Court Disposition

Applications to vary and suspend injunction dismissed, except for extension due to weather.

Orders

  • Suspension of injunction extended to 21 April 2013.
  • Mandatory order to restore land extended to 21 May 2013.