Harlow District Council & Anor v Stokes & Ors

The persistent breach of planning control, failure of alternative enforcement measures, and significant adverse impact on public health, safety, and community interests justify the grant of a district-wide interim injunction. The order is necessary and proportionate, with no overriding personal circumstances presented by defendants.

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 / Judgment
Outcome: Interim injunction granted
Legal Topics: Unauthorised Encampments, Injunctions, Gypsy and Traveller Accommodation, Breach of Planning Control

Planning Law Local Government Law Public Order Law Unauthorised Encampments Injunctions Gypsy and Traveller Accommodation Breach of Planning Control

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Parties

Harlow District Council

Claimant

Essex County Council

Claimant

Stokes and Others

Defendant

Procedural Posture

Application for Interim Injunction / Judgment

Legal Issues

1 Whether a district-wide interim injunction should be granted against unauthorised traveller encampments
2 Whether the order sought is necessary and proportionate
3 Whether there are overriding personal circumstances justifying refusal of the injunction

Ratio Decidendi

Court Disposition

Interim injunction granted

Orders

District-wide interim injunction issued against unauthorised encampments by defendants and persons unknown within Harlow District