O'Brien & Anor, R (on the application of) v Basildon District Council [2006] EWHC 1346 (Admin) (12 April 2006)

O'Brien & Anor, R (on the application of) v Basildon District Council [2006] EWHC 1346 (Admin) (12 April 2006)

The Council's decision to enforce planning control by direct action under section 178 TCPA 1990 was not unlawful or disproportionate. The Council had properly considered the planning merits, the personal circumstances of the claimants, and the relevant human rights issues. The use of section 178 was within the Council's discretion, and the process was fair and proportionate. There was no legal requirement to use the injunction route under section 187B in preference to direct action. The interference with Article 8 rights was justified and proportionate in the circumstances.

Citation
[2006] EWHC 1346 (Admin)
Parties
Claimant: Josephine O'Brien; Claimant: Christina O'Brien; Claimant: Josephine Casey; Claimant: John Berry; Claimant: Kathleen Berry; Claimant: Patrick Doran; Claimant: Margaret Doran; Claimant: Deborah Killeaney; Defendant: Basildon District Council
Jurisdiction
England and Wales
Judgment Date
12 April 2006
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Enforcement of Planning Control, Article 8 ECHR (right to Respect for Private and Family Life), Proportionality, Eviction of Gypsies and Travellers, Green Belt Policy, Procedural Fairness
Administrative Law Planning Law Human Rights Law Enforcement of Planning Control Article 8 ECHR (right to Respect for Private and Family Life) Proportionality Eviction of Gypsies and Travellers Green Belt Policy +1 more

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Parties

Josephine O'Brien

Claimant

Christina O'Brien

Claimant

Josephine Casey

Claimant

John Berry

Claimant

Kathleen Berry

Claimant

Patrick Doran

Claimant

Margaret Doran

Claimant

Deborah Killeaney

Claimant

Basildon District Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Basildon District Council's decision to enforce planning control by direct action under section 178 of the Town and Country Planning Act 1990, rather than by injunction under section 187B, was unlawful or disproportionate under Article 8 ECHR.
  2. 2 Whether the Council's decision to enforce the removal of the claimants from their plots was itself disproportionate and unlawful in public law terms.

Ratio Decidendi

The Council's decision to enforce planning control by direct action under section 178 TCPA 1990 was not unlawful or disproportionate. The Council had properly considered the planning merits, the personal circumstances of the claimants, and the relevant human rights issues. The use of section 178 was within the Council's discretion, and the process was fair and proportionate. There was no legal requirement to use the injunction route under section 187B in preference to direct action. The interference with Article 8 rights was justified and proportionate in the circumstances.

Court Disposition

Claim dismissed

Orders

  • Permission to apply for judicial review refused or, if granted, claim dismissed.
  • Interim relief discharged.