Solihull Metropolitan Borough Council v Burton & Ors

Applications to vary or suspend the injunction are refused because the defendants agreed to vacate the site within twelve months, all appeals failed, and no new grounds justify reopening the consent order; best interests of children do not override planning law or prior orders.

Parties: Claimant: Solihull Metropolitan Borough Council; Defendants: Noah Burton and Others
Jurisdiction: England and Wales
Judgment Date: 26 March 2013
Procedural Posture: Civil / Application to Vary Injunction
Outcome: applications dismissed subject to variation
Legal Topics: Injunctions, Planning Permission, Traveller Sites, Variation of Court Orders

Planning Law Civil Procedure Injunctions Planning Permission Traveller Sites Variation of Court Orders

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Parties

Solihull Metropolitan Borough Council

Claimant

Noah Burton and Others

Defendants

Procedural Posture

Civil / Application to Vary Injunction

Legal Issues

1 Whether to vary or suspend an injunction preventing use of land for caravans and residential development
2 Whether interests of children and vulnerable defendants justify variation
3 Whether absence of alternative pitches within Solihull warrants suspension

Ratio Decidendi

Court Disposition

applications dismissed subject to variation

Orders

Suspension of injunction extended for twenty-one days from 31st March 2013 to 21st April 2013
Mandatory order to restore land to previous condition to take effect by 21st May 2013 instead of 30th April 2013