The council had obtained a without notice injunction restraining Romany gypsies from stationing caravans on certain land. They subsequently applied for planning permission to use the land to have three mobile homes and several touring caravans. The application was refused and there was an appeal. Notwithstanding the injunction the caravans were moved onto the land. The judge had then ordered committal to imprisonment for contempt for a period of six weeks but suspended it on condition that the caravans be removed within about a fortnight.
Held: The appeal failed. However the local authority successful applied for committal. The judge had erred in refusing to vary the injunction. Mid Bedfordshire v Brown applied and the court did not regard as perverse the judge’s decision that the planning appeal had no real prospect of success.
Citations:
[2006] EWCA Civ 628, [2006] 18 EG 150
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: 06 July 2022; Ref: scu.241765