Rochdale Metropolitan Borough Council v Heron & Ors [2024] EWHC 1653 (KB) (07 June 2024)

Rochdale Metropolitan Borough Council v Heron & Ors [2024] EWHC 1653 (KB) (07 June 2024)

There is a compelling need for injunctive relief to prevent unauthorised encampments and associated harms in Rochdale, alternative remedies are inadequate, the requirements for injunctions against persons unknown as set out in Wolverhampton are satisfied, and it is just and convenient to grant the injunctions sought with appropriate territorial and temporal limits and a power of arrest attached.

Citation
[2024] EWHC 1653 (KB)
Parties
Claimant: Rochdale Metropolitan Borough Council; Defendants: Shane Heron & Ors
Jurisdiction
England and Wales
Judgment Date
07 June 2024
Procedural Posture
Claim for Injunctive Relief / Final Hearing and Judgment
Outcome
Injunctions granted
Legal Topics
Injunctions, Persons Unknown, Planning Control, Local Authority Powers, Quia Timet Relief, Power of Arrest, Gypsy and Traveller Law
Public Law Planning Law Civil Procedure Injunctions Persons Unknown Planning Control Local Authority Powers Quia Timet Relief +2 more

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Parties

Rochdale Metropolitan Borough Council

Claimant

Shane Heron & Ors

Defendants

Procedural Posture

Claim for Injunctive Relief / Final Hearing and Judgment

Legal Issues

  1. 1 Whether a final injunction should be granted against named defendants and persons unknown to restrain unauthorised encampments and depositing of controlled waste within Rochdale borough
  2. 2 Whether the requirements for granting injunctions against persons unknown, as set out in Wolverhampton City Council v London Gypsies and Travellers [2023] UKSC 47, are satisfied
  3. 3 Whether a power of arrest should be attached to the injunctions

Ratio Decidendi

There is a compelling need for injunctive relief to prevent unauthorised encampments and associated harms in Rochdale, alternative remedies are inadequate, the requirements for injunctions against persons unknown as set out in Wolverhampton are satisfied, and it is just and convenient to grant the injunctions sought with appropriate territorial and temporal limits and a power of arrest attached.

Court Disposition

Injunctions granted

Orders

  • A five-year injunction in substantially the same terms as the interim injunction order against the remaining Named Defendants
  • A one-year injunction in substantially the same terms as the interim injunction order against Persons Unknown, limited to 334 specified sites