Blaenau Gwent County Borough Council v Salathiel & Ors [2024] EWHC 1900 (KB) (21 June 2024)

Blaenau Gwent County Borough Council v Salathiel & Ors [2024] EWHC 1900 (KB) (21 June 2024)

The defendants' unauthorised works and occupation constitute serious and ongoing breaches of planning control, creating significant and unquantified risks to safety and health. The evidence does not support the asserted hardship to the defendants and their families, and the balance of convenience and proportionality favour the grant of a mandatory injunction to restrain the breaches and require removal from the site.

Citation
[2024] EWHC 1900 (KB)
Parties
Claimant: Blaenau Gwent County Borough Council; Defendant: Luke Salathiel; Defendant: Brian (aka Thom) Salathiel; Defendant: Thomas Bryan; Defendant: Persons Unknown Stationing Caravans and/or Occupying Caravans on Land Lying Between Porters Road and Banna Bungalows, Nantyglo
Jurisdiction
England and Wales
Judgment Date
21 June 2024
Procedural Posture
Interim Injunction Application (with Part 8 Claim for Final Injunction) / Return Date Hearing on Interim Injunction
Outcome
Mandatory and prohibitory injunctions granted against the defendants.
Legal Topics
Interim Injunctions, Mandatory Injunctions, Breach of Planning Control, Traveller Sites, Proportionality, Public Sector Equality Duty
Planning Law Civil Procedure Interim Injunctions Mandatory Injunctions Breach of Planning Control Traveller Sites Proportionality Public Sector Equality Duty

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Blaenau Gwent County Borough Council

Claimant

Luke Salathiel

Defendant

Brian (aka Thom) Salathiel

Defendant

Thomas Bryan

Defendant

Persons Unknown Stationing Caravans and/or Occupying Caravans on Land Lying Between Porters Road and Banna Bungalows, Nantyglo

Defendant

Procedural Posture

Interim Injunction Application (with Part 8 Claim for Final Injunction) / Return Date Hearing on Interim Injunction

Legal Issues

  1. 1 Whether a mandatory injunction should be granted to restrain breaches of planning control and require removal of caravans and cessation of occupation on the site
  2. 2 Whether the balance of convenience and proportionality favour the grant of a mandatory injunction given the defendants' circumstances

Ratio Decidendi

The defendants' unauthorised works and occupation constitute serious and ongoing breaches of planning control, creating significant and unquantified risks to safety and health. The evidence does not support the asserted hardship to the defendants and their families, and the balance of convenience and proportionality favour the grant of a mandatory injunction to restrain the breaches and require removal from the site.

Court Disposition

Mandatory and prohibitory injunctions granted against the defendants.

Orders

  • Defendants prohibited from further breaches of planning control on the site.
  • Defendants required to remove caravans and cease occupation of the site as specified in the order.