Bath & North East Somerset Council v Connors & Ors [2006] EWHC 1595 (QB) (05 July 2006)

Bath & North East Somerset Council v Connors & Ors [2006] EWHC 1595 (QB) (05 July 2006)

The court is satisfied that the occupation of the land by the Defendants is a clear and ongoing breach of planning control, and that the planning merits have been determined against them by the Inspector and the First Secretary of State. While the Defendants' personal circumstances and Article 8 rights are significant, and new government guidance (Circular 01/2006) may improve their prospects in a fresh planning application, these do not justify indefinite suspension of enforcement. The court grants the injunction but suspends its operation for a limited period to allow for determination of the fresh planning application, balancing the need for effective planning control with the...

Citation
[2006] EWHC 1595
Parties
Claimant: Bath & North East Somerset Council; Defendant: Eileen Connors & Ors
Jurisdiction
England and Wales
Judgment Date
05 July 2006
Procedural Posture
Injunction Application Under Section 187 B Town and Country Planning Act 1990 / Final Hearing
Outcome
Injunction granted, suspended for a limited period
Legal Topics
Injunctions, Breach of Planning Control, Gypsy and Traveller Accommodation, Article 8 ECHR, Temporary Planning Permission, Local Development Plans
Planning Law Human Rights Law Administrative Law Injunctions Breach of Planning Control Gypsy and Traveller Accommodation Article 8 ECHR Temporary Planning Permission +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Bath & North East Somerset Council

Claimant

Eileen Connors & Ors

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether an injunction should be granted to restrain breaches of planning control by the Defendants occupying land without planning permission
  2. 2 Whether the injunction should be suspended pending determination of a fresh planning application in light of new government guidance (Circular 01/2006)
  3. 3 Whether the Defendants' Article 8 ECHR rights justify refusal or suspension of the injunction

Ratio Decidendi

The court is satisfied that the occupation of the land by the Defendants is a clear and ongoing breach of planning control, and that the planning merits have been determined against them by the Inspector and the First Secretary of State. While the Defendants' personal circumstances and Article 8 rights are significant, and new government guidance (Circular 01/2006) may improve their prospects in a fresh planning application, these do not justify indefinite suspension of enforcement. The court grants the injunction but suspends its operation for a limited period to allow for determination of the fresh planning application, balancing the need for effective planning control with the...

Court Disposition

Injunction granted, suspended for a limited period

Orders

  • Defendants to remove all caravans, sheds and portable toilets from the land within three months of the date of this order, unless a fresh planning application is determined in their favour within that period
  • Interim order restraining additional caravans to remain in force until expiry of the suspension period