Brentwood Borough Council v Ball & Ors [2009] EWHC 2433 (QB) (08 October 2009)

Brentwood Borough Council v Ball & Ors [2009] EWHC 2433 (QB) (08 October 2009)

The grant of an injunction under section 187B Town and Country Planning Act 1990 is a discretionary remedy requiring the court to balance the public interest in enforcing planning law and protecting the Green Belt against the hardship to the Defendants and their families, including their Article 8 ECHR rights. The court must consider whether enforcement and prosecution remedies have been tried and found wanting, the seriousness and persistence of the breach, the planning history, the urgency of the situation, the availability of alternative accommodation, and the prospects of success on any outstanding planning appeal. An injunction should only be granted if it is a proportionate remedy...

Citation
[2009] EWHC 2433
Parties
Claimant: Brentwood Borough Council; Defendant: Ball & Others
Jurisdiction
England and Wales
Judgment Date
08 October 2009
Procedural Posture
Application for Injunction Under Section 187 B Town and Country Planning Act 1990 / Judgment After Hearing
Outcome
Application for injunction granted, but with consideration of proportionality and possible suspension pending planning appeal.
Legal Topics
Injunctions, Enforcement of Planning Control, Green Belt Policy, Article 8 ECHR, Proportionality, Gypsy and Traveller Rights
Planning Law Human Rights Law Administrative Law Injunctions Enforcement of Planning Control Green Belt Policy Article 8 ECHR Proportionality +1 more

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Parties

Brentwood Borough Council

Claimant

Ball & Others

Defendant

Procedural Posture

Application for Injunction Under Section 187 B Town and Country Planning Act 1990 / Judgment After Hearing

Legal Issues

  1. 1 Whether an injunction should be granted under section 187B of the Town and Country Planning Act 1990 to restrain breaches of planning control and enforcement notices on Green Belt land used as a residential caravan site by Gypsies.
  2. 2 Whether the grant of an injunction is proportionate having regard to Article 8 ECHR and the personal circumstances of the Defendants.

Ratio Decidendi

The grant of an injunction under section 187B Town and Country Planning Act 1990 is a discretionary remedy requiring the court to balance the public interest in enforcing planning law and protecting the Green Belt against the hardship to the Defendants and their families, including their Article 8 ECHR rights. The court must consider whether enforcement and prosecution remedies have been tried and found wanting, the seriousness and persistence of the breach, the planning history, the urgency of the situation, the availability of alternative accommodation, and the prospects of success on any outstanding planning appeal. An injunction should only be granted if it is a proportionate remedy...

Court Disposition

Application for injunction granted, but with consideration of proportionality and possible suspension pending planning appeal.

Orders

  • Injunction granted restraining further breaches of planning control and requiring cessation of residential use of the site, subject to the court's discretion regarding timing and enforcement in light of hardship and pending appeal.