|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 75 (Dec)|
|Court:||Court of Appeal, Civil Division|
Mummery, Patten LJJ and Sir Scott Baker (judgment delivered extempore)
|Representation||Harriet Townsend (instructed by Legal Services Department, Oxfordshire County Council) for the authority.|
|Ned Westaway (instructed by Bark & Co Solicitors) for the brothers.|
|Judgment Dates:||7 December 2012|
Town and country planning - Enforcement of planning control - Civil remedy - Committal - Waste unlawfully disposed of on land owned by company in 1990s - Brothers being directors of company - Claimant local planning authority issuing enforcement notices - Appeals against enforcement notices unsuccessful - Order being made in High Court requiring removal of waste and seeding on site - Order not complied with - Order for committal sought in July 2008 - Brothers subsequently found guilty of contempt and given suspended sentences - Authority applying in July 2011 to have sentences activated - Applications being adjourned subject to conditions on several occasions - High Court subsequently ordering committal - Brothers appealing - Whether brothers could reasonably comply with terms of order - Whether public interest considerations dictating against prison sentence - Whether judge failing to take into account brother's personal circumstances.