Sheridan & Ors, R (On the Application of) v Basildon District Council [2011] EWHC 2938 (Admin) (12 October 2011)

Sheridan & Ors, R (On the Application of) v Basildon District Council [2011] EWHC 2938 (Admin) (12 October 2011)

The Council's decision to take enforcement action under section 178 was lawful and proportionate. The claimants' personal circumstances, including health and education, and their Article 8 rights, had been fully and repeatedly considered at all relevant stages. The planning harm to the Green Belt and highway safety outweighed those circumstances. There was no legal requirement for the Council to provide alternative sites before enforcing compliance. No abuse of process or failure to consider relevant matters was found.

Citation
[2011] EWHC 2938 (Admin)
Parties
Claimant: Mary Sheridan; Claimant: Cornelius Sheridan and others; Claimant: Margaret McCarthy; Defendant: Basildon District Council
Jurisdiction
England and Wales
Judgment Date
12 October 2011
Procedural Posture
Judicial Review / Permission and Substantive Hearing (rolled Up)
Outcome
Claims dismissed; permission for judicial review refused.
Legal Topics
Enforcement of Planning Control, Green Belt Policy, Article 8 ECHR (right to Respect for Private and Family Life), Temporary Planning Permission, Homelessness Duties, Proportionality of Eviction, Judicial Review Procedure
Administrative Law Planning Law Human Rights Law Enforcement of Planning Control Green Belt Policy Article 8 ECHR (right to Respect for Private and Family Life) Temporary Planning Permission Homelessness Duties +2 more

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Parties

Mary Sheridan

Claimant

Cornelius Sheridan and others

Claimant

Margaret McCarthy

Claimant

Basildon District Council

Defendant

Procedural Posture

Judicial Review / Permission and Substantive Hearing (rolled Up)

Legal Issues

  1. 1 Whether Basildon District Council's decision to take enforcement action under section 178 of the Town and Country Planning Act 1990 was lawful and proportionate
  2. 2 Whether the Council properly considered the claimants' personal circumstances, including health, education, and human rights
  3. 3 Whether the Council's actions were compatible with Article 8 ECHR and other relevant legal duties

Ratio Decidendi

The Council's decision to take enforcement action under section 178 was lawful and proportionate. The claimants' personal circumstances, including health and education, and their Article 8 rights, had been fully and repeatedly considered at all relevant stages. The planning harm to the Green Belt and highway safety outweighed those circumstances. There was no legal requirement for the Council to provide alternative sites before enforcing compliance. No abuse of process or failure to consider relevant matters was found.

Court Disposition

Claims dismissed; permission for judicial review refused.

Orders

  • Permission to apply for judicial review refused in all three cases.
  • No interim relief granted; enforcement action may proceed.