O'Brien & Ors v South Cambridgeshire District Council

O'Brien & Ors v South Cambridgeshire District Council

The council did not fail in its statutory duties under section 71 of the Race Relations Act 1976 or the Code of Practice, nor did it leave out any relevant consideration. The officers' reports and the council's procedures substantively addressed the appellants' ethnicity, health, education, and aversion to bricks and mortar accommodation. The urgency of halting ongoing harm to the rural landscape justified the decision to seek an injunction, and the absence of available alternative sites was properly considered. Any procedural error was not material and would not invalidate the application or require refusal of the injunction. The court's discretion was properly exercised in granting the...

Parties
Appellants: Margaret O’Brien, Hannie Flynn, Ann Sheridan, Nellie Quilligan, Elizabeth Sheridan & Kathleen Sheridan; Respondent: South Cambridgeshire District Council
Jurisdiction
England and Wales
Judgment Date
24 October 2008
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Injunctions Under Section 187 B Town and Country Planning Act 1990, Race Relations Act 1976 Section 71 Duties, Provision of Gypsy and Traveller Sites, Discretion of Court in Planning Enforcement, Article 8 ECHR (right to Respect for Private and Family Life)
Administrative Law Planning Law Human Rights Law Equality Law Injunctions Under Section 187 B Town and Country Planning Act 1990 Race Relations Act 1976 Section 71 Duties Provision of Gypsy and Traveller Sites Discretion of Court in Planning Enforcement +1 more

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Parties

Margaret O’Brien, Hannie Flynn, Ann Sheridan, Nellie Quilligan, Elizabeth Sheridan & Kathleen Sheridan

Appellants

South Cambridgeshire District Council

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the council had an obligation to consider making and/or to make another site available before seeking injunctive relief under section 187B of the Town and Country Planning Act 1990, by virtue of section 71 of the Race Relations Act 1976 and/or section 24 of the Caravan Sites and Control of Development Act 1960.
  2. 2 Whether the council failed to have due regard to its statutory duties under the Race Relations Act and the Code of Practice when deciding to seek an injunction.
  3. 3 Whether any such failing rendered the application for an injunction invalid or should have led the court to refuse the injunction.

Ratio Decidendi

The council did not fail in its statutory duties under section 71 of the Race Relations Act 1976 or the Code of Practice, nor did it leave out any relevant consideration. The officers' reports and the council's procedures substantively addressed the appellants' ethnicity, health, education, and aversion to bricks and mortar accommodation. The urgency of halting ongoing harm to the rural landscape justified the decision to seek an injunction, and the absence of available alternative sites was properly considered. Any procedural error was not material and would not invalidate the application or require refusal of the injunction. The court's discretion was properly exercised in granting the...

Court Disposition

Appeal dismissed

Orders

  • Injunction granted requiring appellants to cease using the land for residential mobile homes/caravans after a specified period.