David Clarke J held that in the light of paragraphs 45 and 46 of circular 1/06, it would be disproportionate to force a gypsy family to leave their site situated in the green belt. They had occupied it in breach of planning control for thirty-two years, despite having been subject to prosecution and injunction proceedings on a number of occasions. There was a real chance that they might obtain temporary planning permission following the determination of an extant planning application, and so refused an injunction.
Judges:
Clarke David J
Citations:
[2006] EWHC 281 (QB)
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Broxbourne Borough Council v Robb and Others QBD 27-Jun-2011
The Council applied for the committal of the defendant for an alleged breach of a without notice injunction. Notice of the injunction had been placed at the site, requiring nobody to move caravans onto the land.
Held: The application . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 20 August 2022; Ref: scu.238739