South Cambridgeshire District Council v Gammell & Ors [2007] EWHC 2919 (QB) (07 December 2007)

South Cambridgeshire District Council v Gammell & Ors [2007] EWHC 2919 (QB) (07 December 2007)

The court held that the defendants' continued occupation of the land was a clear and ongoing breach of planning control, that the planning merits had been thoroughly considered in previous proceedings, and that there was no material change in circumstances or real prospect of imminent planning permission. The council's decision to seek injunctive relief was not unlawful, and the balance of proportionality under Article 8 ECHR favoured the grant of an injunction. The absence of alternative sites and the defendants' personal circumstances were considered but did not outweigh the public interest in upholding planning control.

Citation
[2007] EWHC 2919
Parties
Claimant: South Cambridgeshire District Council; Defendant: Bridget Gammell; Defendant: Margaret O'Brien; Defendant: Anne Sheridan; Defendant: Hannie Flynn; Defendant: Nellie Quilligan; Defendant: Elizabeth Sheridan; Defendant: Patrick Quilligan; Defendant: Kathleen Sheridan
Jurisdiction
England and Wales
Judgment Date
07 December 2007
Procedural Posture
Injunction Application Under Section 187 B Town and Country Planning Act 1990 / Final Hearing Before High Court (queen's Bench Division)
Outcome
Injunction granted
Legal Topics
Injunctions, Enforcement of Planning Control, Article 8 ECHR (right to Respect for Home and Family Life), Proportionality, Race Relations Act Compliance, Alternative Accommodation for Gypsies and Travellers
Planning Law Human Rights Law Administrative Law Injunctions Enforcement of Planning Control Article 8 ECHR (right to Respect for Home and Family Life) Proportionality Race Relations Act Compliance +1 more

Case Brief

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Parties

South Cambridgeshire District Council

Claimant

Bridget Gammell

Defendant

Margaret O'Brien

Defendant

Anne Sheridan

Defendant

Hannie Flynn

Defendant

Nellie Quilligan

Defendant

Elizabeth Sheridan

Defendant

Patrick Quilligan

Defendant

Kathleen Sheridan

Defendant

Procedural Posture

Injunction Application Under Section 187 B Town and Country Planning Act 1990 / Final Hearing Before High Court (queen's Bench Division)

Legal Issues

  1. 1 Whether the court should grant an injunction under section 187B of the Town and Country Planning Act 1990 to restrain breaches of planning control by the defendants' occupation of land without planning permission
  2. 2 Whether the decision to seek injunctive relief was lawful and proportionate, having regard to Article 8 ECHR and public law duties
  3. 3 Whether there are material changes in circumstances or real prospects of planning permission being granted in the near future

Ratio Decidendi

The court held that the defendants' continued occupation of the land was a clear and ongoing breach of planning control, that the planning merits had been thoroughly considered in previous proceedings, and that there was no material change in circumstances or real prospect of imminent planning permission. The council's decision to seek injunctive relief was not unlawful, and the balance of proportionality under Article 8 ECHR favoured the grant of an injunction. The absence of alternative sites and the defendants' personal circumstances were considered but did not outweigh the public interest in upholding planning control.

Court Disposition

Injunction granted

Orders

  • Permanent injunction restraining the defendants from using the land for the siting of residential mobile homes and/or caravans without planning permission
  • Defendants required to cease use and remove caravans and associated structures within 14 days