Buckinghamshire Council v Ward & Ors [2021] EWHC 1180 (QB) (06 May 2021)

Buckinghamshire Council v Ward & Ors [2021] EWHC 1180 (QB) (06 May 2021)

The interim injunction was necessary and proportionate to prevent further unauthorised development and occupation of the land, maintain the status quo, and protect the public interest, given the urgency, lack of planning permission, and risk of further works if notice were given.

Citation
[2021] EWHC 1180 (QB)
Parties
Claimant: Buckinghamshire Council; Defendant: John James Ward; Defendant: Kaley Guest; Defendant: Rose Gentle; Defendant: Savannah Casey; Defendant: Alex Harris; Defendant: Mikala McCarthy; Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
06 May 2021
Procedural Posture
Urgent Interim Injunction Application / Interim Injunction Granted Ex Parte
Outcome
Interim injunction granted ex parte
Legal Topics
Interim Injunctions, Town and Country Planning Act 1990, Alternative Service, Open Justice, Gypsy and Traveller Sites
Planning Law Civil Procedure Interim Injunctions Town and Country Planning Act 1990 Alternative Service Open Justice Gypsy and Traveller Sites

Case Brief

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Parties

Buckinghamshire Council

Claimant

John James Ward

Defendant

Kaley Guest

Defendant

Rose Gentle

Defendant

Savannah Casey

Defendant

Alex Harris

Defendant

Mikala McCarthy

Defendant

Persons Unknown

Defendant

Procedural Posture

Urgent Interim Injunction Application / Interim Injunction Granted Ex Parte

Legal Issues

  1. 1 Whether an interim injunction should be granted to prevent further development and occupation of land without planning permission
  2. 2 Whether the application should be made without notice
  3. 3 Whether alternative service is justified

Ratio Decidendi

The interim injunction was necessary and proportionate to prevent further unauthorised development and occupation of the land, maintain the status quo, and protect the public interest, given the urgency, lack of planning permission, and risk of further works if notice were given.

Court Disposition

Interim injunction granted ex parte

Orders

  • Prohibitory interim injunction against named defendants and persons unknown preventing further encampment, occupation, stationing or bringing onto the land any further caravans, plant or machinery, or carrying out further development without prior written permission.
  • Order for alternative service at the site and at the Land Registry address for the First Defendant.