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 court must balance the public interest in enforcing planning law and protecting the Green Belt against the hardship and Article 8 rights of the Defendants, including the lack of alternative accommodation, educational and medical needs, and the planning history of the site. An injunction is a draconian remedy and should only be granted if proportionate and just, considering whether other enforcement measures have failed or are likely to fail, and whether the judge would be prepared to enforce the order by imprisonment. The court is not bound to grant an injunction simply because there is a breach; it must weigh all relevant circumstances, including the prospect of success on any...

Citation
[2009] EWHC 2433 (QB)
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
Judgment reserved; no final order for immediate injunction granted at this stage.
Legal Topics
Injunctions, Enforcement of Planning Control, Green Belt Policy, Article 8 ECHR, Proportionality, Gypsy and Traveller Rights
Planning Law Human Rights Law Injunctions Enforcement of Planning Control Green Belt Policy Article 8 ECHR Proportionality Gypsy and Traveller Rights

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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 and just in light of the Defendants' personal circumstances, including lack of alternative accommodation, educational and medical needs, and the planning history of the site.

Ratio Decidendi

The court must balance the public interest in enforcing planning law and protecting the Green Belt against the hardship and Article 8 rights of the Defendants, including the lack of alternative accommodation, educational and medical needs, and the planning history of the site. An injunction is a draconian remedy and should only be granted if proportionate and just, considering whether other enforcement measures have failed or are likely to fail, and whether the judge would be prepared to enforce the order by imprisonment. The court is not bound to grant an injunction simply because there is a breach; it must weigh all relevant circumstances, including the prospect of success on any...

Court Disposition

Judgment reserved; no final order for immediate injunction granted at this stage.