Chelmsford City Council v Leisure Parks Real Estate (Holdings) Ltd & Ors [2021] EWHC 613 (QB) (17 March 2021)

Chelmsford City Council v Leisure Parks Real Estate (Holdings) Ltd & Ors [2021] EWHC 613 (QB) (17 March 2021)

The disputed land falls outside the boundary of the 2013 planning permission as shown on the unambiguous section of the incorporated site plan; the Caravan Site Licence does not confer permitted development rights for works on land without planning permission; and it is just and proportionate to grant a final injunction to restrain further unlawful development.

Citation
[2021] EWHC 613 (QB)
Parties
Claimant: Chelmsford City Council; First Defendant: Leisure Parks Real Estate (Holdings) Ltd; Second Defendant: Leisure Parks Real Estate Ltd; Third Defendant: James Robert Crickmore; Fourth Defendant: Colin Crickmore; Fifth Defendant: Maurice Sines; Sixth Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
17 March 2021
Procedural Posture
Application for Injunction Under S.187 B Town and Country Planning Act 1990 / Final Judgment After Trial
Outcome
Final injunction granted
Legal Topics
Interpretation of Planning Permissions, Injunctions Under S.187 B Town and Country Planning Act 1990, Permitted Development Rights, Caravan Site Licence, Green Belt Enforcement
Planning Law Public Law Interpretation of Planning Permissions Injunctions Under S.187 B Town and Country Planning Act 1990 Permitted Development Rights Caravan Site Licence Green Belt Enforcement

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Parties

Chelmsford City Council

Claimant

Leisure Parks Real Estate (Holdings) Ltd

First Defendant

Leisure Parks Real Estate Ltd

Second Defendant

James Robert Crickmore

Third Defendant

Colin Crickmore

Fourth Defendant

Maurice Sines

Fifth Defendant

Persons Unknown

Sixth Defendant

Procedural Posture

Application for Injunction Under S.187 B Town and Country Planning Act 1990 / Final Judgment After Trial

Legal Issues

  1. 1 Whether the disputed land falls within the boundary of the 2013 planning permission
  2. 2 Whether works on the disputed land are permitted development under the Caravan Site Licence and the 2015 Order
  3. 3 Whether the court should exercise its discretion to grant a final injunction

Ratio Decidendi

The disputed land falls outside the boundary of the 2013 planning permission as shown on the unambiguous section of the incorporated site plan; the Caravan Site Licence does not confer permitted development rights for works on land without planning permission; and it is just and proportionate to grant a final injunction to restrain further unlawful development.

Court Disposition

Final injunction granted

Orders

  • Defendants restrained from occupying or causing occupation of caravans and from carrying out further works on the disputed land adjacent to Boundary Line A, as defined in the judgment.
  • Injunction does not extend to land outside the 2013 Permission or to 'persons unknown'.