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 use of the land by the Defendants is a clear and flagrant breach of planning control with no prospect of planning permission being granted, and the Council has acted reasonably in seeking an injunction. The hardship to the Defendants and their families, including disruption to children's education, is outweighed by the urgent public interest in enforcing planning control. The grant of an injunction is proportionate, with a suspension until 8 January 2007 to mitigate hardship.

Citation
[2006] EWHC 2697 (QB)
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 for Breach of Planning Control, Article 8 ECHR (right to Respect for Home and Family Life), Proportionality in Enforcement, Planning Policy Compliance, Alternative Site Availability
Planning Law Human Rights Law Local Government Law Injunctions for Breach of Planning Control Article 8 ECHR (right to Respect for Home and Family Life) Proportionality in Enforcement Planning Policy Compliance Alternative Site Availability

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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 and the hardship to the Defendants and their families
  3. 3 Whether the Council has acted reasonably in assisting the Defendants to find alternative accommodation

Ratio Decidendi

The use of the land by the Defendants is a clear and flagrant breach of planning control with no prospect of planning permission being granted, and the Council has acted reasonably in seeking an injunction. The hardship to the Defendants and their families, including disruption to children's education, is outweighed by the urgent public interest in enforcing planning control. The grant of an injunction is proportionate, with a suspension until 8 January 2007 to mitigate hardship.

Court Disposition

Injunction granted, suspended until 8 January 2007.

Orders

  • Defendants to cease using the land and cease allowing the land to be used 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.