South Bedfordshire District Council v Price & Ors

South Bedfordshire District Council v Price & Ors

Deliberate and prolonged breach of a properly granted injunction to enforce planning controls constitutes contempt of court; suspension of the injunction is not justified by personal hardship or anticipated provision of gypsy sites, and committal orders are appropriate but suspended to allow compliance.

Parties
Claimant: South Bedfordshire District Council; Defendant: Price and Others
Jurisdiction
England and Wales
Judgment Date
23 September 2005
Procedural Posture
Civil / Judgment on Committal Application and Cross Application to Discharge or Suspend Injunction
Outcome
Committal orders for each defendant, suspended on terms of compliance with injunction.
Legal Topics
Enforcement of Planning Controls, Injunctions, Contempt of Court, Gypsy/traveller Accommodation, Suspension of Injunctions
Planning Law Civil Procedure Human Rights Enforcement of Planning Controls Injunctions Contempt of Court Gypsy/traveller Accommodation Suspension of Injunctions

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Parties

South Bedfordshire District Council

Claimant

Price and Others

Defendant

Procedural Posture

Civil / Judgment on Committal Application and Cross Application to Discharge or Suspend Injunction

Legal Issues

  1. 1 Whether defendants are in contempt of court for breach of injunction
  2. 2 Whether injunction should be discharged or suspended
  3. 3 Appropriate sanction for contempt

Ratio Decidendi

Deliberate and prolonged breach of a properly granted injunction to enforce planning controls constitutes contempt of court; suspension of the injunction is not justified by personal hardship or anticipated provision of gypsy sites, and committal orders are appropriate but suspended to allow compliance.

Court Disposition

Committal orders for each defendant, suspended on terms of compliance with injunction.

Orders

  • Defendants to cease residential use and remove all caravans, mobile homes, carriages, fences, sheds, and other structures by 23rd November 2005.
  • Defendants to restore land by removing rubbish, rubble, hardcore, hardstanding, tarmac, bricks, paving stones, and all items/material brought onto land, followed by reseeding cleared areas to grass by 23rd December 2005.