Waverley Borough Council v Anthony Martin Gray & Ors

Waverley Borough Council v Anthony Martin Gray & Ors

The court declined to grant a final injunction against the main defendants (D3, D5, D6, D7, D8, D13, D14) and discharged the interim injunction, finding that the claimant failed to properly consider and re-evaluate the significant welfare needs and best interests of the children once on notice, and that there were no alternative sites available. The planning status was not final due to pending appeals, and the hardship to the families would be disproportionate. However, final injunctions in negative form were granted against D1, D2, D4, D9, D10, D11, and persons unknown, who played no active part or were only peripherally involved.

Parties
Claimant: Waverley Borough Council; Defendant: Anthony Martin Gray; Defendant: Philip Martin Gray; Defendant: Mathew Doherty; Defendant: Mary Doherty; Defendant: Mark Doherty; Defendant: Allana Doherty; Defendant: Barney Doherty; Defendant: Theresa Doherty; Defendant: John Doherty; Defendant: Mary Anne Doherty; Defendant: Wisdom Penfold; Defendant: Persons Unknown; Defendant: Thomas Doherty; Defendant: Simon Doherty
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil (planning/injunction) / Final Judgment on Application for Final Injunction
Outcome
Final injunction refused and interim injunction discharged for main defendants; final injunctions in negative form granted against certain other defendants and persons unknown.
Legal Topics
Injunctions Under S.187 B Town and Country Planning Act 1990, Gypsy and Traveller Accommodation, Article 8 ECHR (private and Family Life), Best Interests of Children, Proportionality, Enforcement of Planning Control
Planning Law Human Rights Law Local Government Law Injunctions Under S.187 B Town and Country Planning Act 1990 Gypsy and Traveller Accommodation Article 8 ECHR (private and Family Life) Best Interests of Children Proportionality +1 more

Case Brief

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Parties

Waverley Borough Council

Claimant

Anthony Martin Gray

Defendant

Philip Martin Gray

Defendant

Mathew Doherty

Defendant

Mary Doherty

Defendant

Mark Doherty

Defendant

Allana Doherty

Defendant

Barney Doherty

Defendant

Theresa Doherty

Defendant

John Doherty

Defendant

Mary Anne Doherty

Defendant

Wisdom Penfold

Defendant

Persons Unknown

Defendant

Thomas Doherty

Defendant

Simon Doherty

Defendant

Procedural Posture

Civil (planning/injunction) / Final Judgment on Application for Final Injunction

Legal Issues

  1. 1 Whether a final injunction should be granted to restrain unauthorised development and occupation of land by Gypsy and Traveller families
  2. 2 Whether the claimant local authority properly considered the personal circumstances and best interests of children before seeking final injunctive relief
  3. 3 Whether the grant of a final injunction is proportionate and just in all the circumstances, including the absence of alternative sites and the impact on the defendants' Article 8 rights

Ratio Decidendi

The court declined to grant a final injunction against the main defendants (D3, D5, D6, D7, D8, D13, D14) and discharged the interim injunction, finding that the claimant failed to properly consider and re-evaluate the significant welfare needs and best interests of the children once on notice, and that there were no alternative sites available. The planning status was not final due to pending appeals, and the hardship to the families would be disproportionate. However, final injunctions in negative form were granted against D1, D2, D4, D9, D10, D11, and persons unknown, who played no active part or were only peripherally involved.

Court Disposition

Final injunction refused and interim injunction discharged for main defendants; final injunctions in negative form granted against certain other defendants and persons unknown.

Orders

  • Final injunction refused and interim injunction discharged as against D3, D5, D6, D7, D8, D13, D14.
  • Final injunctions in negative form granted against D1, D2, D4, D9, D10, D11, and persons unknown.