Basildon District Council v Anderson & Ors

Basildon District Council v Anderson & Ors

The continuation of both interim injunctions is justified due to the deliberate and flagrant breach of planning controls, the risk of irreversible harm to Green Belt land, and the inadequacy of damages as a remedy. The personal circumstances of the Defendants, while relevant, do not outweigh the strong public interest in enforcing planning law, especially given the manner and timing of the occupation. The power of arrest is warranted due to the risk of harm and prior threats to Council officers.

Parties
Claimant: Basildon District Council; Defendant: Thomas Anderson; Defendant: William Thomas Anderson; Defendant: Charlie Anderson; Defendant: Brian McGinley; Defendant: Freddie Anderson; Defendant: Gerry (Jerry) Anderson; Defendant: Leah Ella May Foley; Defendant: Bridget McDonagh; Defendant: John McDonagh; Defendant: Patrick Collins; Defendant: Thomas Cleary; Defendant: Persons Unknown (undertaking development on the land south of Redlands, Hovefields Drive, Wickford, Essex without a lawful planning consent and/or seeking to change the use of the land including a change in use to a caravan site without lawful planning consent)
Jurisdiction
England and Wales
Judgment Date
09 December 2020
Procedural Posture
Civil (planning/local Authority Injunction) / Interim Application for Continuation and Variation of Injunctions
Outcome
Application to continue both interim injunctions granted; application to vary the second injunction refused; power of arrest attached to both orders.
Legal Topics
Interim Injunctions, Breach of Planning Control, Green Belt Policy, Article 8 ECHR, Equality Act 2010, Children's Welfare, Power of Arrest
Planning Law Local Government Law Human Rights Law Interim Injunctions Breach of Planning Control Green Belt Policy Article 8 ECHR Equality Act 2010 +2 more

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Parties

Basildon District Council

Claimant

Thomas Anderson

Defendant

William Thomas Anderson

Defendant

Charlie Anderson

Defendant

Brian McGinley

Defendant

Freddie Anderson

Defendant

Gerry (Jerry) Anderson

Defendant

Leah Ella May Foley

Defendant

Bridget McDonagh

Defendant

John McDonagh

Defendant

Patrick Collins

Defendant

Thomas Cleary

Defendant

Persons Unknown (undertaking development on the land south of Redlands, Hovefields Drive, Wickford, Essex without a lawful planning consent and/or seeking to change the use of the land including a change in use to a caravan site without lawful planning consent)

Defendant

Procedural Posture

Civil (planning/local Authority Injunction) / Interim Application for Continuation and Variation of Injunctions

Legal Issues

  1. 1 Whether to continue two interim injunctions restraining development and occupation of land in breach of planning control
  2. 2 Whether to vary the second injunction to allow continued residence pending planning applications
  3. 3 Whether the Council and Court properly considered the personal circumstances of the Defendants, including children and health issues

Ratio Decidendi

The continuation of both interim injunctions is justified due to the deliberate and flagrant breach of planning controls, the risk of irreversible harm to Green Belt land, and the inadequacy of damages as a remedy. The personal circumstances of the Defendants, while relevant, do not outweigh the strong public interest in enforcing planning law, especially given the manner and timing of the occupation. The power of arrest is warranted due to the risk of harm and prior threats to Council officers.

Court Disposition

Application to continue both interim injunctions granted; application to vary the second injunction refused; power of arrest attached to both orders.

Orders

  • First and Second Orders (injunctions) continued against all Defendants, including persons unknown.
  • Power of arrest attached to both Orders under s.27 Police and Justice Act 2006.