Test Valley Borough Council & Anor v Bowers & Ors [2024] EWHC 1743 (KB) London, WC2A 2LL (17 May 2024)

Test Valley Borough Council & Anor v Bowers & Ors [2024] EWHC 1743 (KB) London, WC2A 2LL (17 May 2024)

The claimants established, by overwhelming evidence, repeated and flagrant breaches of planning control and associated public nuisance, justifying final injunctive relief against both named and unknown defendants. The court found statutory remedies inadequate, the procedural requirements for injunctions against persons unknown satisfied, and that a power of arrest was necessary and proportionate to prevent recurrence and protect the community. The injunctions were limited in scope, duration, and territory, with active publicity and liberty to apply to vary or discharge.

Citation
[2024] EWHC 1743
Parties
Claimant: Test Valley Borough Council; Claimant: Hampshire County Council (LHA); Defendant: Albert Bowers; Defendant: Other Named Defendants (2-89, 91-137); Defendant: Persons Unknown forming unauthorised encampments within the Borough of Test Valley
Jurisdiction
England and Wales
Judgment Date
17 May 2024
Procedural Posture
Claim for Injunction (planning Control, Public Nuisance) / Final Judgment After Trial
Outcome
Final injunctions granted against named and unknown defendants, with power of arrest attached.
Legal Topics
Injunctions, Breach of Planning Control, Persons Unknown, Power of Arrest, Public Nuisance, Traveller Encampments, Alternative Service, Proportionality, Civil Rights, Enforcement of Public Rights
Planning Law Local Government Law Public Law Civil Procedure Injunctions Breach of Planning Control Persons Unknown Power of Arrest +6 more

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Parties

Test Valley Borough Council

Claimant

Hampshire County Council (LHA)

Claimant

Albert Bowers

Defendant

Other Named Defendants (2-89, 91-137)

Defendant

Persons Unknown forming unauthorised encampments within the Borough of Test Valley

Defendant

Procedural Posture

Claim for Injunction (planning Control, Public Nuisance) / Final Judgment After Trial

Legal Issues

  1. 1 Whether final injunctions should be granted against named and unknown defendants to restrain unauthorised encampments and associated breaches of planning control.
  2. 2 Whether a power of arrest should be attached to the injunctions.
  3. 3 Whether procedural and substantive requirements for injunctions against persons unknown are satisfied.

Ratio Decidendi

The claimants established, by overwhelming evidence, repeated and flagrant breaches of planning control and associated public nuisance, justifying final injunctive relief against both named and unknown defendants. The court found statutory remedies inadequate, the procedural requirements for injunctions against persons unknown satisfied, and that a power of arrest was necessary and proportionate to prevent recurrence and protect the community. The injunctions were limited in scope, duration, and territory, with active publicity and liberty to apply to vary or discharge.

Court Disposition

Final injunctions granted against named and unknown defendants, with power of arrest attached.

Orders

  • Defendants (named and persons unknown) are restrained from setting up unauthorised encampments and depositing controlled waste on specified parcels of land without appropriate permission.
  • Power of arrest attached to the injunctions under s.27 Police and Justice Act 2006.