Bath & North East Somerset Council v Connors & Ors

Bath & North East Somerset Council v Connors & Ors

There is no realistic prospect of success for the Defendants' fresh planning appeal; the Inspector and Secretary of State previously gave substantial weight to unmet need but found overwhelming harm to the green belt, landscape, and highway safety; the transitional provisions of Circular 1/06 do not restart the clock on enforcement; an injunction is appropriate but must be suspended for four months to allow for health and educational needs to be met and alternative provision to be considered.

Parties
Claimant: Bath & North East Somerset Council; Defendant: Eileen Connors & Ors
Jurisdiction
England and Wales
Judgment Date
05 July 2006
Procedural Posture
Injunction Proceedings Under Section 187 B of the Town and Country Planning Act 1990 / Judgment After Contested Hearing
Outcome
Injunction granted, suspended for four months.
Legal Topics
Injunctions, Gypsy and Traveller Accommodation, Temporary Planning Permission, Article 8 ECHR, Enforcement of Planning Control
Planning Law Human Rights Law Administrative Law Injunctions Gypsy and Traveller Accommodation Temporary Planning Permission Article 8 ECHR Enforcement of Planning Control

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Parties

Bath & North East Somerset Council

Claimant

Eileen Connors & Ors

Defendant

Procedural Posture

Injunction Proceedings Under Section 187 B of the Town and Country Planning Act 1990 / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether an injunction should be granted to restrain breaches of planning control
  2. 2 Whether the injunction should be suspended pending determination of a fresh planning application
  3. 3 Whether the health and educational needs of the Defendants and their families justify suspension or refusal of the injunction

Ratio Decidendi

There is no realistic prospect of success for the Defendants' fresh planning appeal; the Inspector and Secretary of State previously gave substantial weight to unmet need but found overwhelming harm to the green belt, landscape, and highway safety; the transitional provisions of Circular 1/06 do not restart the clock on enforcement; an injunction is appropriate but must be suspended for four months to allow for health and educational needs to be met and alternative provision to be considered.

Court Disposition

Injunction granted, suspended for four months.

Orders

  • Defendants to remove from the Land all caravans, sheds and portable toilets stationed thereon within four months.
  • Suspension of injunction for four months to allow for health and educational needs and alternative provision.