East Herts District Council v Patrick Joseph Flynn & Ors

East Herts District Council v Patrick Joseph Flynn & Ors

The breaches of planning control are clear and ongoing, conventional enforcement measures have failed, and the balance of interests—including the best interests of the children and the public interest in enforcing planning policy—justifies the grant of a final injunction with both prohibitory and mandatory elements.

Parties
Claimant: East Herts District Council; First Defendant: Patrick Joseph Flynn; Second Defendant: Selina Diana O’Leary; Third Defendant: BJS Sports Limited; Fourth Defendant: Billy Joe Saunders
Jurisdiction
England and Wales
Judgment Date
13 June 2025
Procedural Posture
Part 8 Claim / Final Judgment
Outcome
Final injunction granted with prohibitory and mandatory elements; proceedings against Fourth Defendant discontinued; costs awarded to Claimant.
Legal Topics
Injunctions, Enforcement Notice, Green Belt, Traveller Sites, Children's Welfare, Equality Duty
Planning Law Administrative Law Human Rights Injunctions Enforcement Notice Green Belt Traveller Sites Children's Welfare +1 more

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Parties

East Herts District Council

Claimant

Patrick Joseph Flynn

First Defendant

Selina Diana O’Leary

Second Defendant

BJS Sports Limited

Third Defendant

Billy Joe Saunders

Fourth Defendant

Procedural Posture

Part 8 Claim / Final Judgment

Legal Issues

  1. 1 Whether final injunctive relief should be granted to restrain breaches of planning control
  2. 2 Whether the injunction is proportionate and necessary given the circumstances, including the interests of children and the Gypsy and Traveller community

Ratio Decidendi

The breaches of planning control are clear and ongoing, conventional enforcement measures have failed, and the balance of interests—including the best interests of the children and the public interest in enforcing planning policy—justifies the grant of a final injunction with both prohibitory and mandatory elements.

Court Disposition

Final injunction granted with prohibitory and mandatory elements; proceedings against Fourth Defendant discontinued; costs awarded to Claimant.

Orders

  • First and Second Defendants must remove the static home/chalet and paraphernalia within six months, and remove hardstanding within a further three months.
  • Costs of £16,609 payable by First and Second Defendants within 14 days.