Rochdale Metropolitan Borough Council v Shane Heron & Ors

Rochdale Metropolitan Borough Council v Shane Heron & Ors

There is a compelling need for injunctive relief to restrain unauthorised encampments and associated harms, alternative remedies are ineffective, procedural and substantive requirements for injunctions against persons unknown are satisfied, and the orders are proportionate and time-limited.

Parties
Claimant: Rochdale Metropolitan Borough Council; Defendants: Shane Heron & Ors
Jurisdiction
England and Wales
Judgment Date
27 June 2024
Procedural Posture
Civil Injunctive Relief / Final Judgment
Outcome
Injunctions granted
Legal Topics
Injunctions Against Unauthorised Encampments, Persons Unknown Injunctions, Local Authority Powers, Planning Control Enforcement, Quia Timet (precautionary) Relief
Public Law Planning Law Civil Procedure Injunctions Against Unauthorised Encampments Persons Unknown Injunctions Local Authority Powers Planning Control Enforcement Quia Timet (precautionary) Relief

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Parties

Rochdale Metropolitan Borough Council

Claimant

Shane Heron & Ors

Defendants

Procedural Posture

Civil Injunctive Relief / Final 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
  2. 2 Whether the requirements for granting an injunction against persons unknown as set out in Wolverhampton are met
  3. 3 Whether procedural protections and proportionality requirements are satisfied for such injunctions

Ratio Decidendi

There is a compelling need for injunctive relief to restrain unauthorised encampments and associated harms, alternative remedies are ineffective, procedural and substantive requirements for injunctions against persons unknown are satisfied, and the orders are proportionate and time-limited.

Court Disposition

Injunctions granted

Orders

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