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 planning process had been thorough, the defendants' Article 8 rights had been fully considered, and there was no material change in circumstances or real prospect of alternative accommodation. The decision to seek injunctive relief was not unlawful or disproportionate. The public interest in enforcing planning control outweighed the private interests of the defendants. Injunctions were granted against the defendants to restrain further breaches of planning control.

Citation
[2007] EWHC 2919 (QB)
Parties
Claimant: South Cambridgeshire District Council; Defendant: Bridget Gammell; Defendant: John Gammell; Defendant: David Gammell; Defendant: Margaret O'Brien; Defendant: James O'Brien; Defendant: Anne Sheridan; Defendant: Michael O'Donaghue; Defendant: Jean O'Donaghue; Defendant: Margaret O'Donaghue; Defendant: Danny O'Donaghue; Defendant: James O'Connor; Defendant: Jim O'Brien; Defendant: Patrick Sheridan; Defendant: Patrick Coffee; Defendant: Fred O'Donaghue (Snr); Defendant: Fred O'Donaghue (Jnr); Defendant: Nellie Quilligan; Defendant: Philomena Sheridan; Defendant: Elizabeth Sheridan; Defendant: Patrick Quilligan; Defendant: Kathleen Gammell; Defendant: Kathleen Sheridan; Defendant: Margaret Flynn; Defendant: Danny O'Brien; Defendant: Daniel Flynn; Defendant: Hannie Flynn; Defendant: Persons Unknown
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 and Judgment
Outcome
Injunction granted
Legal Topics
Injunctions, Enforcement of Planning Control, Article 8 ECHR (right to Respect for Home), Proportionality, Race Relations, 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) Proportionality Race Relations +1 more

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Parties

South Cambridgeshire District Council

Claimant

Bridget Gammell

Defendant

John Gammell

Defendant

David Gammell

Defendant

Margaret O'Brien

Defendant

James O'Brien

Defendant

Anne Sheridan

Defendant

Michael O'Donaghue

Defendant

Jean O'Donaghue

Defendant

Margaret O'Donaghue

Defendant

Danny O'Donaghue

Defendant

James O'Connor

Defendant

Jim O'Brien

Defendant

Patrick Sheridan

Defendant

Patrick Coffee

Defendant

Fred O'Donaghue (Snr)

Defendant

Fred O'Donaghue (Jnr)

Defendant

Nellie Quilligan

Defendant

Philomena Sheridan

Defendant

Elizabeth Sheridan

Defendant

Patrick Quilligan

Defendant

Kathleen Gammell

Defendant

Kathleen Sheridan

Defendant

Margaret Flynn

Defendant

Danny O'Brien

Defendant

Daniel Flynn

Defendant

Hannie Flynn

Defendant

Persons Unknown

Defendant

Procedural Posture

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

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 is a real prospect of alternative accommodation for the defendants

Ratio Decidendi

The court held that the planning process had been thorough, the defendants' Article 8 rights had been fully considered, and there was no material change in circumstances or real prospect of alternative accommodation. The decision to seek injunctive relief was not unlawful or disproportionate. The public interest in enforcing planning control outweighed the private interests of the defendants. Injunctions were granted against the defendants to restrain further breaches of planning control.

Court Disposition

Injunction granted

Orders

  • Permanent injunctions granted against the defendants restraining use of the land for residential mobile homes or caravans without planning permission.
  • Defendants required to cease use and remove caravans and structures within 14 days.