Tewkesbury Borough Council v Brown & Ors [2006] EWHC 2697 (QB) (31 October 2006)

Tewkesbury Borough Council v Brown & Ors [2006] EWHC 2697 (QB) (31 October 2006)

The occupation of the land by the Defendants is a clear and flagrant breach of planning control with no prospect of planning permission being granted. The Council has acted reasonably and proportionately in seeking the injunction and assisting the Defendants. The hardship to the Defendants and their families, including disruption to children's education, does not outweigh the strong public interest in enforcing planning control. The grant of an injunction is proportionate and justified under Article 8 ECHR.

Citation
[2006] EWHC 2697
Parties
Claimant: Tewkesbury Borough Council; Defendant: Jeffrey C Brown; Defendant: Joseph Castle; Defendant: Charmaine Castle; Defendant: Daniel Coles; Defendant: Alexis Elezabeth Coles; Defendant: Joseph Jones; Defendant: Tracey Jones; Defendant: Jason Kerry Danter; Defendant: Jonathan Mason; Defendant: Lene Elizabeth Mason; Defendant: Heath William Roberts; Defendant: Sally Roberts; Defendant: Shady William Scarrot; Defendant: Denise Scarrot; Defendant: Joseph Whiteleg; Defendant: Alexandra Whiteleg
Jurisdiction
England and Wales
Judgment Date
31 October 2006
Procedural Posture
Injunction Application Under Section 187 B Town and Country Planning Act 1990 / Substantive Hearing at First Instance
Outcome
Injunction granted, suspended until 8 January 2007
Legal Topics
Injunctions, Breach of Planning Control, Article 8 ECHR, Proportionality, Enforcement of Planning Law, Travelling Showpeople, Alternative Accommodation, Children's Welfare
Planning Law Human Rights Law Injunctions Breach of Planning Control Article 8 ECHR Proportionality Enforcement of Planning Law Travelling Showpeople +2 more

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Parties

Tewkesbury Borough Council

Claimant

Jeffrey C Brown

Defendant

Joseph Castle

Defendant

Charmaine Castle

Defendant

Daniel Coles

Defendant

Alexis Elezabeth Coles

Defendant

Joseph Jones

Defendant

Tracey Jones

Defendant

Jason Kerry Danter

Defendant

Jonathan Mason

Defendant

Lene Elizabeth Mason

Defendant

Heath William Roberts

Defendant

Sally Roberts

Defendant

Shady William Scarrot

Defendant

Denise Scarrot

Defendant

Joseph Whiteleg

Defendant

Alexandra Whiteleg

Defendant

Procedural Posture

Injunction Application Under Section 187 B Town and Country Planning Act 1990 / Substantive Hearing at First Instance

Legal Issues

  1. 1 Whether an injunction should be granted to restrain breach of planning control under section 187B of the Town and Country Planning Act 1990
  2. 2 Whether the grant of an injunction is proportionate in light of Article 8 ECHR rights of the Defendants and their families
  3. 3 Whether the Council has acted reasonably in seeking the injunction and assisting the Defendants to find alternative accommodation

Ratio Decidendi

The occupation of the land by the Defendants is a clear and flagrant breach of planning control with no prospect of planning permission being granted. The Council has acted reasonably and proportionately in seeking the injunction and assisting the Defendants. The hardship to the Defendants and their families, including disruption to children's education, does not outweigh the strong public interest in enforcing planning control. The grant of an injunction is proportionate and justified under Article 8 ECHR.

Court Disposition

Injunction granted, suspended until 8 January 2007

Orders

  • Defendants to cease using the land for residential use by 8 January 2007
  • Defendants to remove all caravans, mobile homes, vehicles, trailers (including residential trailers), machinery, fairground equipment and domestic paraphernalia from the land by 8 January 2007