Source: All England Reporter
Publisher Citation: [2002] All ER (D) 110 (Jul)
Court: Queen's Bench Division

Penry-Davey J

Representation Mark Beard (instructed by Colleen O'Boyle) for the local authority.
  Simon Lillington (instructed by Martin Nossel & Co, Southernhay) for the fifth defendant.
  Marc Willers (instructed by Bramwell Browne & Odedra, Chesham) for the sixth to eleventh defendants.
Judgment Dates: 5 July 2002


Human rights - Privacy - Family life - Local planning authority obtaining without notice injunctions preventing defendants from occupying greenbelt land in breach of planning control - Defendants occupying land in breach of planning control - Defendants seeking to discharge interim injunction - Local authority seeking permanent injunction - Whether defendants' Convention rights engaged in respect of interim injunctions - Whether permanent injunction to be granted - Town and Country Planning Act, s 187B - European Convention on Human Rights, art 8.

The Case

In circumstances where the defendants, who were gypsies, had occupied greenbelt land in breach of planning control, the court refused to discharge two without notice interim injunctions which had been granted prior to, and just after, the defendants occupied the site. The court ruled that the defendants' rights under art8 of the European Convention on Human Rights were not engaged in regard of those injunctions, and granted a permanent injunction pursuant to s187B of the restraining the defendants from occupying the site in breach of planning control and requiring them to reinstate the site.

Practice Areas

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