South Cambridgeshire District Council v Flynn & Ors [2006] EWHC 1320 (QB) (07 June 2006)

South Cambridgeshire District Council v Flynn & Ors [2006] EWHC 1320 (QB) (07 June 2006)

The court held that the planning harm caused by the defendants' continued occupation was very strong and had been thoroughly assessed by the Inspector and Secretary of State, who had also considered the personal circumstances and Article 8 rights of the defendants. The Council had taken all reasonable steps to assess hardship and alternative accommodation. No material change in circumstances or new evidence justified withholding injunctive relief. The proportionality balance strongly favoured enforcement, and the absence of alternative sites did not outweigh the planning harm or justify continued unlawful occupation.

Citation
[2006] EWHC 1320 (QB)
Parties
Claimant: South Cambridgeshire District Council; Defendant: Dan Flynn; Defendant: Patrick O'Brien Senior; Defendant: Bridget O'Brien; Defendant: Patrick O'Brien Junior; Defendant: Lisa O'Brien; Defendant: Michael O'Brien; Defendant: Mary O'Brien; Defendant: Daniel O'Brien; Defendant: James O'Brien
Jurisdiction
England and Wales
Judgment Date
07 June 2006
Procedural Posture
Injunction Application Under Section 187 B Town and Country Planning Act 1990 / Final Judgment
Outcome
Injunction granted
Legal Topics
Injunctions, Enforcement of Planning Control, Article 8 ECHR, Gypsy and Traveller Rights, Proportionality, Homelessness Duties
Planning Law Human Rights Law Administrative Law Injunctions Enforcement of Planning Control Article 8 ECHR Gypsy and Traveller Rights Proportionality +1 more

Case Brief

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Parties

South Cambridgeshire District Council

Claimant

Dan Flynn

Defendant

Patrick O'Brien Senior

Defendant

Bridget O'Brien

Defendant

Patrick O'Brien Junior

Defendant

Lisa O'Brien

Defendant

Michael O'Brien

Defendant

Mary O'Brien

Defendant

Daniel O'Brien

Defendant

James O'Brien

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether it is proportionate to grant an injunction requiring removal of caravans from land in breach of planning control, considering Article 8 ECHR rights and the absence of alternative sites.
  2. 2 Whether the Council complied with its duties under housing legislation before seeking injunctive relief.
  3. 3 Whether recent policy changes or new evidence affect the appropriateness of injunctive relief.

Ratio Decidendi

The court held that the planning harm caused by the defendants' continued occupation was very strong and had been thoroughly assessed by the Inspector and Secretary of State, who had also considered the personal circumstances and Article 8 rights of the defendants. The Council had taken all reasonable steps to assess hardship and alternative accommodation. No material change in circumstances or new evidence justified withholding injunctive relief. The proportionality balance strongly favoured enforcement, and the absence of alternative sites did not outweigh the planning harm or justify continued unlawful occupation.

Court Disposition

Injunction granted

Orders

  • Defendants required to remove caravans and cease residential occupation of the land at Pine View, Smithy Fen, Cottenham, Cambridgeshire.
  • Ancillary relief as sought by the claimants granted against relevant defendants.