Coates & Ors v South Bucks DC [2004] EWCA Civ 1378 (22 October 2004)

Coates & Ors v South Bucks DC [2004] EWCA Civ 1378 (22 October 2004)

The legitimate aim of maintaining the planning regime and the flagrant breaches of planning law and court orders by the appellants outweighed the hardship caused by removal, making immediate enforcement of the injunction a proportionate interference with Article 8 rights. The first instance judge properly considered the relevant factors and his decision was within the range of reasonable responses.

Citation
[2004] EWCA Civ 1378
Parties
Appellant: Coates & Ors; Respondent: South Bucks District Council
Jurisdiction
England and Wales
Judgment Date
22 October 2004
Procedural Posture
Civil Appeal / Appeal From Queen's Bench Division to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Injunctions, Article 8 ECHR (right to Respect for Home), Proportionality, Enforcement of Planning Law, Discretion in Granting Relief
Planning Law Human Rights Law Civil Procedure Injunctions Article 8 ECHR (right to Respect for Home) Proportionality Enforcement of Planning Law Discretion in Granting Relief

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Parties

Coates & Ors

Appellant

South Bucks District Council

Respondent

Procedural Posture

Civil Appeal / Appeal From Queen's Bench Division to Court of Appeal

Legal Issues

  1. 1 Whether immediate enforcement of an injunction requiring Travellers to vacate a green belt site is a proportionate interference with Article 8 rights pending determination of a planning application.
  2. 2 Whether the judge at first instance properly balanced the competing interests and gave adequate reasons for his decision.

Ratio Decidendi

The legitimate aim of maintaining the planning regime and the flagrant breaches of planning law and court orders by the appellants outweighed the hardship caused by removal, making immediate enforcement of the injunction a proportionate interference with Article 8 rights. The first instance judge properly considered the relevant factors and his decision was within the range of reasonable responses.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to be assessed if not agreed.
  • Community Legal Services Assessment of Appellant's costs with assessment above to be adjourned.