Basildon Borough Council v Saunders & Ors [2024] EWHC 2954 (KB) (20 November 2024)

Basildon Borough Council v Saunders & Ors [2024] EWHC 2954 (KB) (20 November 2024)

The court held that the interim injunction should continue against all defendants pending the outcome of the planning appeal process. The evidence did not support a final injunction at this stage, particularly given the unresolved planning appeal, the presence of children, the lack of alternative sites, and the...

Source-derived case information.

Citation
[2024] EWHC 2954 (KB)
Parties
Claimant: Basildon Borough Council; Defendant: Eliza Saunders; Defendant: John Burton Jnr; Defendant: John Burton Snr; Defendant: George Cook; Defendant: Shannon Greaves; Defendant: Elizabeth Cooper; Defendant: William Homes; Defendant: Elizabeth Coyle; Defendant: Persons Unknown (Undertaking Operational Development...)
Jurisdiction
England and Wales
Judgment Date
20 November 2024
Procedural Posture
Planning Injunction (part 8 Cpr) / Final Hearing on Continuation of Interim Injunction
Outcome
Interim injunction continued against all defendants pending outcome of planning appeal; no final injunction granted at this stage.
Legal Topics
Injunctions Under S.187 B Town and Country Planning Act 1990, Green Belt Policy, Gypsy and Traveller Site Provision, Article 8 ECHR (private and Family Life), Public Sector Equality Duty, Proportionality in Injunctive Relief
Planning Law Human Rights Law Local Government Law Injunctions Under S.187 B Town and Country Planning Act 1990 Green Belt Policy Gypsy and Traveller Site Provision Article 8 ECHR (private and Family Life) Public Sector Equality Duty +1 more

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Parties

Basildon Borough Council

Claimant

Eliza Saunders

Defendant

John Burton Jnr

Defendant

John Burton Snr

Defendant

George Cook

Defendant

Shannon Greaves

Defendant

Elizabeth Cooper

Defendant

William Homes

Defendant

Elizabeth Coyle

Defendant

Persons Unknown (Undertaking Operational Development...)

Defendant

Procedural Posture

Planning Injunction (part 8 Cpr) / Final Hearing on Continuation of Interim Injunction

Legal Issues

  1. 1 Whether a final injunction should be granted to restrain breaches of planning control on Green Belt land
  2. 2 Whether the interim injunction should continue pending planning appeals
  3. 3 Whether the rights of the defendants (including children and ethnic minorities) under Article 8 ECHR and the Equality Act 2010 outweigh the planning harm

Ratio Decidendi

The court held that the interim injunction should continue against all defendants pending the outcome of the planning appeal process. The evidence did not support a final injunction at this stage, particularly given the unresolved planning appeal, the presence of children, the lack of alternative sites, and the proportionality assessment required under Article 8 ECHR and the Equality Act 2010. The court found that the balance of hardship and the best interests of the children justified maintaining the status quo until the planning process is concluded.

Court Disposition

Interim injunction continued against all defendants pending outcome of planning appeal; no final injunction granted at this stage.

Orders

  • The interim injunction of 4 June 2024 is continued against all defendants, including persons unknown, pending the outcome of the planning appeal process.
  • The fifth and seventh defendants are permitted to remain on the land until the planning appeal is finalised.