South Bucks District Council v Smith & Anor

South Bucks District Council v Smith & Anor

An injunction should be granted to restrain the Defendants' residential use of the land in breach of planning control, but its operation must be suspended until the determination of the Defendants' current planning application (including any appeal), due to the recent change in government policy, the new application, and the possibility of planning permission being granted. Immediate enforcement would impose a disproportionate burden on the Defendants and their family in the circumstances.

Parties
Claimant: South Bucks District Council; First Defendant: Andrew Smith; Second Defendant: James Smith
Jurisdiction
England and Wales
Judgment Date
23 February 2006
Procedural Posture
Injunction Application Under Section 187 B of the Town and Country Planning Act 1990 / Judgment After Contested Hearing
Outcome
Injunction granted, but suspended
Legal Topics
Injunctions, Green Belt Policy, Gypsy and Traveller Rights, Article 8 ECHR, Planning Permission, Proportionality
Planning Law Human Rights Law Injunctions Green Belt Policy Gypsy and Traveller Rights Article 8 ECHR Planning Permission Proportionality

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

South Bucks District Council

Claimant

Andrew Smith

First Defendant

James Smith

Second Defendant

Procedural Posture

Injunction Application Under Section 187 B of the Town and Country Planning Act 1990 / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether an injunction should be granted to restrain residential use of land in breach of planning control in the green belt
  2. 2 Whether the grant of an injunction is proportionate in light of Article 8 ECHR and the Defendants' circumstances
  3. 3 Whether recent developments (Government Circular 1/06 and a fresh planning application) affect the appropriateness or timing of injunctive relief

Ratio Decidendi

An injunction should be granted to restrain the Defendants' residential use of the land in breach of planning control, but its operation must be suspended until the determination of the Defendants' current planning application (including any appeal), due to the recent change in government policy, the new application, and the possibility of planning permission being granted. Immediate enforcement would impose a disproportionate burden on the Defendants and their family in the circumstances.

Court Disposition

Injunction granted, but suspended

Orders

  • An injunction is granted restraining the Defendants from using the land for residential purposes and requiring removal of caravans and vehicles, but its operation is suspended until the determination of the Defendants’ current planning application, including any appeal.