Harlow District Council & Anor v Stokes & Ors[2015] EWHC 953 (QB) (03 March 2015)

Given the persistent and widespread breaches of planning control, the failure of alternative enforcement measures, and the significant adverse impact on the community, a district-wide injunction is both necessary and proportionate to prevent further unauthorised encampments.

Citation: [2015] EWHC 953 (QB)
Parties: Claimant: Harlow District Council; Claimant: Essex County Council; Defendant: Stokes and Others
Jurisdiction: England and Wales
Judgment Date: 03 March 2015
Procedural Posture: Application for Interim Injunction / Interim Relief Hearing
Outcome: Interim injunction granted
Legal Topics: Interim Injunctions, Unauthorised Encampments, Gypsy and Traveller Accommodation, Planning Control, Public Nuisance

Planning Law Local Government Law Civil Procedure Interim Injunctions Unauthorised Encampments Gypsy and Traveller Accommodation Planning Control Public Nuisance

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Parties

Harlow District Council

Claimant

Essex County Council

Claimant

Stokes and Others

Defendant

Procedural Posture

Application for Interim Injunction / Interim Relief Hearing

Legal Issues

1 Whether a district-wide interim injunction should be granted against unauthorised traveller encampments under section 222 of the Local Government Act 1972 and section 187B of the Town and Country Planning Act 1990
2 Whether the injunction is necessary and proportionate in the circumstances

Ratio Decidendi

Court Disposition

Interim injunction granted

Orders

District-wide interim injunction granted restraining unauthorised encampments by the defendants and persons unknown within Harlow District.