Sevenoaks District Council v Delaney & Ors [2026] EWHC 977 (KB) (22 April 2026)

Sevenoaks District Council v Delaney & Ors [2026] EWHC 977 (KB) (22 April 2026)

The defendants breached the terms of the Dove and Hill injunctions by carrying out development and occupation of the land at Seasons Farm without planning permission. The court found that service of the orders was effective and that, despite the defendants' illiteracy, they had sufficient notice of the orders. The standard of proof for contempt was met as the defendants undertook prohibited acts with knowledge of the relevant facts, and the breaches were not excused by cultural or welfare considerations.

Citation
[2026] EWHC 977 (KB)
Parties
Claimant: Sevenoaks District Council; Defendant: Patrick Delaney; Defendant: William Harrington; Defendant: John Quilligan; Defendant: Thomas O'Brien; Defendant: Thomas Coffey; Defendant: Persons Unknown Carrying Out And/Or Encouraging/And/Or Facilitating Development On, Or With An Intent To Undertake Development On Or To Occupy, The Land At Seasons Farm, Pootings Road, Crockham Hill, Kent TN8 6SD As Shown Edged In Red On The Map Attached To The Orders Of Dove J And Hill J Without Lawful Planning Consent; Defendant: Amanda Coffey; Defendant: Chantelle Harrington; Defendant: Sharon O'Brien; Defendant: Katerina O'Brien; Defendant: Naomi O'Brien
Jurisdiction
England and Wales
Judgment Date
22 April 2026
Procedural Posture
Contempt and Injunction Proceedings / Judgment on Liability
Outcome
Defendants found liable for contempt of court for breach of injunctions.
Legal Topics
Injunctions, Contempt of Court, Planning Permission, Traveller Rights, Service of Court Orders, Standard of Proof, Change of Land Use
Planning Law Civil Procedure Human Rights Injunctions Contempt of Court Planning Permission Traveller Rights Service of Court Orders +2 more

Case Brief

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Parties

Sevenoaks District Council

Claimant

Patrick Delaney

Defendant

William Harrington

Defendant

John Quilligan

Defendant

Thomas O'Brien

Defendant

Thomas Coffey

Defendant

Persons Unknown Carrying Out And/Or Encouraging/And/Or Facilitating Development On, Or With An Intent To Undertake Development On Or To Occupy, The Land At Seasons Farm, Pootings Road, Crockham Hill, Kent TN8 6SD As Shown Edged In Red On The Map Attached To The Orders Of Dove J And Hill J Without Lawful Planning Consent

Defendant

Amanda Coffey

Defendant

Chantelle Harrington

Defendant

Sharon O'Brien

Defendant

Katerina O'Brien

Defendant

Naomi O'Brien

Defendant

Procedural Posture

Contempt and Injunction Proceedings / Judgment on Liability

Legal Issues

  1. 1 Whether the defendants breached the terms of the Dove and Hill interim injunctions by carrying out development and/or occupation of land without planning permission
  2. 2 Whether the defendants had sufficient knowledge of the injunction orders to be liable for contempt
  3. 3 Whether the standard of proof for contempt was met

Ratio Decidendi

The defendants breached the terms of the Dove and Hill injunctions by carrying out development and occupation of the land at Seasons Farm without planning permission. The court found that service of the orders was effective and that, despite the defendants' illiteracy, they had sufficient notice of the orders. The standard of proof for contempt was met as the defendants undertook prohibited acts with knowledge of the relevant facts, and the breaches were not excused by cultural or welfare considerations.

Court Disposition

Defendants found liable for contempt of court for breach of injunctions.

Orders

  • Liability for contempt established against the named defendants for breach of the Dove and Hill orders.
  • Sanctions to be determined at a subsequent hearing.