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 Defendants are in breach of planning control and that an injunction is appropriate. However, in light of new government guidance (Circular 01/2006), the Council's failure to assess need or provide alternative sites, and the Defendants' personal circumstances (including children and health needs), immediate enforcement would be disproportionate. The injunction will be granted but suspended to allow time for determination of the fresh planning application and for the Council to progress site provision.

Citation
[2006] EWHC 1595 (QB)
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 / Judgment After Trial of Application
Outcome
Injunction granted but suspended
Legal Topics
Injunctions for Planning Breaches, Gypsy and Traveller Site Provision, Green Belt Planning Policy, Article 8 ECHR (right to Respect for Home and Family Life), Temporary Planning Permission, Local Authority Duties in Planning, Proportionality in Enforcement
Planning Law Human Rights Law Administrative Law Injunctions for Planning Breaches Gypsy and Traveller Site Provision Green Belt Planning Policy Article 8 ECHR (right to Respect for Home and Family Life) Temporary Planning Permission +2 more

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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 / Judgment After Trial of Application

Legal Issues

  1. 1 Whether an injunction should be granted to restrain breaches of planning control by the Defendants occupying land as a gypsy site 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 Council's failure to provide alternative sites or assess need affects the proportionality of enforcement action under Article 8 ECHR

Ratio Decidendi

The court is satisfied that the Defendants are in breach of planning control and that an injunction is appropriate. However, in light of new government guidance (Circular 01/2006), the Council's failure to assess need or provide alternative sites, and the Defendants' personal circumstances (including children and health needs), immediate enforcement would be disproportionate. The injunction will be granted but suspended to allow time for determination of the fresh planning application and for the Council to progress site provision.

Court Disposition

Injunction granted but suspended

Orders

  • Defendants to remove all caravans, sheds and portable toilets from the land within a specified period, but the order is suspended to allow for determination of the fresh planning application and for the Council to address site provision.