South Somerset District Council v Hughes & Ors

South Somerset District Council v Hughes & Ors

The appeal was dismissed because the judge correctly applied the legal principles governing the grant of injunctions under Section 187B of the Town and Country Planning Act 1990, properly balanced the Article 8 rights of the defendants against the need to enforce planning control, and was entitled to conclude that there was no real prospect of planning permission being granted. The judge was not required to determine the local authority's culpability in failing to provide gypsy sites, and gave due consideration to the defendants' cultural needs and the lack of alternative sites.

Parties
Appellant: South Somerset District Council; Respondent: Hughes & Ors
Jurisdiction
England and Wales
Judgment Date
15 July 2009
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed; renewed applications for permission refused; stay of execution lifted.
Legal Topics
Injunctions, Article 8 ECHR, Gypsy and Traveller Rights, Planning Permission, Enforcement Notices
Planning Law Human Rights Law Injunctions Article 8 ECHR Gypsy and Traveller Rights Planning Permission Enforcement Notices

Case Brief

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Parties

South Somerset District Council

Appellant

Hughes & Ors

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the grant of an injunction to restrain occupation of land by gypsies was proportionate under Article 8 ECHR
  2. 2 Whether the local authority's failure to provide gypsy sites should weigh against the grant of an injunction
  3. 3 Whether the judge erred in considering bricks and mortar accommodation as sufficient alternative housing

Ratio Decidendi

The appeal was dismissed because the judge correctly applied the legal principles governing the grant of injunctions under Section 187B of the Town and Country Planning Act 1990, properly balanced the Article 8 rights of the defendants against the need to enforce planning control, and was entitled to conclude that there was no real prospect of planning permission being granted. The judge was not required to determine the local authority's culpability in failing to provide gypsy sites, and gave due consideration to the defendants' cultural needs and the lack of alternative sites.

Court Disposition

Appeal dismissed; renewed applications for permission refused; stay of execution lifted.

Orders

  • Applications for permission to appeal refused
  • Appeal dismissed