Royal Borough of Windsor & Maidenhead v Martin Cawley & Ors

Royal Borough of Windsor & Maidenhead v Martin Cawley & Ors

The Council failed to demonstrate that it had properly reassessed the balance of factors in light of new information regarding the welfare needs and personal circumstances of residents, including children. Therefore, a final injunction was not granted; instead, the interim injunction was extended to preserve the status quo pending determination of the planning application, with costs in the case.

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
03 September 2026
Procedural Posture
Civil / Interlocutory (return Date Hearing for Interim Injunction)
Outcome
Interim injunction extended; application for final injunction deferred.
Legal Topics
Injunctive Relief, Breach of Planning Control, Green Belt Protection, Public Sector Equality Duty, Article 8 ECHR, Welfare of Children, Proportionality Assessment
Planning Law Public Law Human Rights Injunctive Relief Breach of Planning Control Green Belt Protection Public Sector Equality Duty Article 8 ECHR +2 more

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

Civil / Interlocutory (return Date Hearing for Interim Injunction)

Legal Issues

  1. 1 Whether a final injunction should be granted to restrain unauthorised development and residential occupation of Green Belt land
  2. 2 Whether the Council has complied with its Public Sector Equality Duty and considered the welfare needs of residents, including children
  3. 3 Whether the grant of a final injunction is proportionate and necessary given ongoing planning permission application

Ratio Decidendi

The Council failed to demonstrate that it had properly reassessed the balance of factors in light of new information regarding the welfare needs and personal circumstances of residents, including children. Therefore, a final injunction was not granted; instead, the interim injunction was extended to preserve the status quo pending determination of the planning application, with costs in the case.

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 directed.