East Hertfordshire District Council v Doherty & Ors

East Hertfordshire District Council v Doherty & Ors

The injunction remains necessary and proportionate to enforce planning control given the deliberate and significant breach by Defendants, lack of compelling evidence of hardship beyond the norm, and absence of strong prospects for planning appeal. Variation to preserve the status quo is refused.

Parties
Claimant: East Hertfordshire District Council; Defendant: Thomas Doherty and 18 Others
Jurisdiction
England and Wales
Judgment Date
05 September 2019
Procedural Posture
Civil / Ruling on Application to Vary/discharge Injunction and Committal for Contempt
Outcome
Application to vary or discharge injunction refused; injunction remains in force.
Legal Topics
Injunctions, Contempt of Court, Article 8 ECHR, Traveller Sites, Proportionality, Public Sector Equality Duty
Planning Law Human Rights Law Civil Procedure Injunctions Contempt of Court Article 8 ECHR Traveller Sites Proportionality +1 more

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Parties

East Hertfordshire District Council

Claimant

Thomas Doherty and 18 Others

Defendant

Procedural Posture

Civil / Ruling on Application to Vary/discharge Injunction and Committal for Contempt

Legal Issues

  1. 1 Whether the injunction granted under Section 187B of the Town and Country Planning Act 1990 should be varied or discharged
  2. 2 Whether the committal application for contempt is established
  3. 3 Whether the injunction and enforcement are proportionate and necessary in light of Article 8 ECHR and best interests of children

Ratio Decidendi

The injunction remains necessary and proportionate to enforce planning control given the deliberate and significant breach by Defendants, lack of compelling evidence of hardship beyond the norm, and absence of strong prospects for planning appeal. Variation to preserve the status quo is refused.

Court Disposition

Application to vary or discharge injunction refused; injunction remains in force.

Orders

  • Defendants required to vacate land and remove caravans, mobile homes, hardstanding, and fencing as per injunction.
  • Sentencing for contempt to be determined at later hearing.