Source: All England Reporter
Publisher Citation: [2003] All ER (D) 177 (May)
Neutral Citation: [2003] EWHC 1069 (QB)
Court: Queen's Bench Division
Judge:

Stanley Burnton J

Representation Philip Kolvin (instructed by Sharpe Pritchard) for the authority.
  Richard Drabble QC and Daniel Kolinsky (instructed by Clarke Willmott) for the defendants.
Judgment Dates: 14 May 2003

Catchwords

Town and country planning - Enforcement notice - Non-compliance - Mandatory injunction - Showmen on green belt site having nowhere else to go - Human rights of showmen considered in decision to uphold notice - Availability of injunctive relief - s 187B - European Convention on Human Rights, art 8.

The Case

Having regard to the fact that the Secretary of State, on appeal against an enforcement notice had already determined that the cessation of the occupation of a green belt site by showmen in breach of planning control would not violate their rights under art8 of the European Convention on Human Rights, the court would make an injunction under s187B of the restraining that use of the site.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.