Royal Borough of Windsor & Maidenhead v Cawley & Ors [2026] EWHC 521 (KB) (09 March 2026)

Royal Borough of Windsor & Maidenhead v Cawley & Ors [2026] EWHC 521 (KB) (09 March 2026)

The Court declined to grant a final injunction at this stage because the Council had not demonstrated a reassessment of proportionality and welfare impacts in light of new information about the occupants, including children and vulnerable adults. The Court extended the interim injunction to maintain the status quo and prevent further unauthorised development, pending determination of the planning application and further review by the Council of the personal circumstances and hardship of the occupants.

Citation
[2026] EWHC 521 (KB)
Parties
Claimant: Royal Borough of Windsor & Maidenhead; Defendant: Martin Cawley; Defendant: Teresa Cawley; Defendant: Thomas Cawley; Defendant: Elizabeth Tiffany Flynn; Defendant: Patrick O'Leary; Defendant: Ann Marie Cawley; Defendant: Shannon Collins; Defendant: Patrick Chuck Connors
Jurisdiction
England and Wales
Judgment Date
09 March 2026
Procedural Posture
Planning Enforcement Injunction / Return Date Hearing on Interim Injunction; Application for Final Injunction
Outcome
Interim injunction extended; application for final injunction deferred
Legal Topics
Injunctions, Planning Control, Green Belt, Enforcement, Human Rights, Public Sector Equality Duty
Planning Law Public Law Injunctions Planning Control Green Belt Enforcement Human Rights Public Sector Equality Duty

Case Brief

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Parties

Royal Borough of Windsor & Maidenhead

Claimant

Martin Cawley

Defendant

Teresa Cawley

Defendant

Thomas Cawley

Defendant

Elizabeth Tiffany Flynn

Defendant

Patrick O'Leary

Defendant

Ann Marie Cawley

Defendant

Shannon Collins

Defendant

Patrick Chuck Connors

Defendant

Procedural Posture

Planning Enforcement Injunction / Return Date Hearing on Interim Injunction; Application for Final Injunction

Legal Issues

  1. 1 Whether a final injunction should be granted to restrain unauthorised development and use of Green Belt land pending planning application determination
  2. 2 Whether the Council has complied with its Public Sector Equality Duty and considered Article 8 ECHR rights and welfare of children

Ratio Decidendi

The Court declined to grant a final injunction at this stage because the Council had not demonstrated a reassessment of proportionality and welfare impacts in light of new information about the occupants, including children and vulnerable adults. The Court extended the interim injunction to maintain the status quo and prevent further unauthorised development, pending determination of the planning application and further review by the Council of the personal circumstances and hardship of the occupants.

Court Disposition

Interim injunction extended; application for final injunction deferred

Orders

  • Amended interim injunction granted to restrain further unauthorised development and maintain status quo on the Land
  • Costs in the case; no final order on costs at this stage