King's Lynn & West Norfolk Council v Smith & Anor

King's Lynn & West Norfolk Council v Smith & Anor

The defendants knowingly and flagrantly breached both planning controls and a court order. There is no realistic prospect of planning permission being granted, alternative accommodation is available, and the personal circumstances of the defendants do not outweigh the strong public interest in upholding court orders and planning law. The application to vary or discharge the injunction is refused as it is just and proportionate to continue the injunction.

Parties
Claimant: King’s Lynn & West Norfolk Council; Defendant: Julie Ann Smith; Defendant: Lisa Mary Ingram
Jurisdiction
England and Wales
Judgment Date
23 October 2009
Procedural Posture
Application to Vary or Discharge Injunction (civil) / Post Injunction, Hearing of Application to Vary/discharge
Outcome
Application to vary or discharge injunction refused; injunction to continue.
Legal Topics
Injunctions, Breach of Planning Control, Article 8 ECHR, Proportionality, Alternative Accommodation, Gypsy and Traveller Rights
Planning Law Civil Procedure Human Rights Injunctions Breach of Planning Control Article 8 ECHR Proportionality Alternative Accommodation +1 more

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Parties

King’s Lynn & West Norfolk Council

Claimant

Julie Ann Smith

Defendant

Lisa Mary Ingram

Defendant

Procedural Posture

Application to Vary or Discharge Injunction (civil) / Post Injunction, Hearing of Application to Vary/discharge

Legal Issues

  1. 1 Whether the injunction restraining residential use of land should be varied or discharged
  2. 2 Whether eviction would be disproportionate under Article 8 ECHR given defendants' personal circumstances
  3. 3 Whether alternative accommodation is available for the defendants

Ratio Decidendi

The defendants knowingly and flagrantly breached both planning controls and a court order. There is no realistic prospect of planning permission being granted, alternative accommodation is available, and the personal circumstances of the defendants do not outweigh the strong public interest in upholding court orders and planning law. The application to vary or discharge the injunction is refused as it is just and proportionate to continue the injunction.

Court Disposition

Application to vary or discharge injunction refused; injunction to continue.

Orders

  • The injunction restraining residential use of the land continues in force.
  • Application to vary or discharge the injunction is refused.