Taunton Deane Borough Council v Packman & Ors

Taunton Deane Borough Council v Packman & Ors

The breach of planning control is flagrant and prolonged, planning merits have been exhaustively considered and consistently decided against the defendants, suitable alternative accommodation is available, and no material change in circumstances exists to justify refusal or adjournment. The hardship to the defendants does not outweigh the public interest in enforcing planning controls. Injunctive relief is proportionate and necessary.

Parties
Claimant: Taunton Deane Borough Council; Defendants: Packman and ors (including Holland and Smith families)
Jurisdiction
England and Wales
Judgment Date
05 October 2010
Procedural Posture
Injunction Application / Final Determination
Outcome
Injunction granted
Legal Topics
Injunctions, Enforcement of Planning Control, Gypsy and Traveller Sites, Article 8 ECHR, Alternative Accommodation
Planning Law Human Rights Law Injunctions Enforcement of Planning Control Gypsy and Traveller Sites Article 8 ECHR Alternative Accommodation

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Parties

Taunton Deane Borough Council

Claimant

Packman and ors (including Holland and Smith families)

Defendants

Procedural Posture

Injunction Application / Final Determination

Legal Issues

  1. 1 Whether an injunction should be granted to require removal of gypsy caravans from plots 8 and 16 at Oxen Lane, North Curry, Taunton
  2. 2 Whether suitable alternative accommodation is available for the defendants
  3. 3 Whether the hardship to the defendants outweighs the public interest in enforcing planning control

Ratio Decidendi

The breach of planning control is flagrant and prolonged, planning merits have been exhaustively considered and consistently decided against the defendants, suitable alternative accommodation is available, and no material change in circumstances exists to justify refusal or adjournment. The hardship to the defendants does not outweigh the public interest in enforcing planning controls. Injunctive relief is proportionate and necessary.

Court Disposition

Injunction granted

Orders

  • Represented defendants (Holland and Smith families) required to leave plots 8 and 16 at Oxen Lane, North Curry, Taunton
  • Further submissions on precise terms of injunction permitted if not agreed