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 applications to vary or suspend the injunction are refused because the defendants agreed to vacate after a period of grace, have exhausted all planning and legal appeals, and the proportionality of requiring them to leave has already been determined. The best interests of the children do not justify reopening the order or disregarding planning law.

Citation
[2013] EWHC 971 (QB)
Parties
Claimant: Solihull Metropolitan Borough Council; Defendants: Noah Burton and Others
Jurisdiction
England and Wales
Judgment Date
26 March 2013
Procedural Posture
Injunction Variation Applications / Post Final Injunction, Applications to Vary/suspend Injunction
Outcome
Applications to vary or suspend injunction dismissed, with a short extension granted due to severe weather.
Legal Topics
Injunctions, Planning Permission for Travellers, Variation of Court Orders, Best Interests of Children, Homelessness Duty
Planning Law Civil Procedure Human Rights Injunctions Planning Permission for Travellers Variation of Court Orders Best Interests of Children Homelessness Duty

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Parties

Solihull Metropolitan Borough Council

Claimant

Noah Burton and Others

Defendants

Procedural Posture

Injunction Variation Applications / Post Final Injunction, Applications to Vary/suspend Injunction

Legal Issues

  1. 1 Whether to vary or suspend an injunction preventing occupation of land by travellers
  2. 2 Whether the best interests of children require variation of the injunction
  3. 3 Whether absence of alternative pitches justifies variation or suspension of the injunction

Ratio Decidendi

The applications to vary or suspend the injunction are refused because the defendants agreed to vacate after a period of grace, have exhausted all planning and legal appeals, and the proportionality of requiring them to leave has already been determined. The best interests of the children do not justify reopening the order or disregarding planning law.

Court Disposition

Applications to vary or suspend injunction dismissed, with a short extension granted due to severe weather.

Orders

  • Suspension of injunction extended to 21 April 2013 due to weather.
  • Mandatory order to restore land to previous condition extended to 21 May 2013.