Waverley Borough Council v Anthony Martin Gray & Ors
[2023] EWHC 670 (KB)
Blaenau Gwent County Borough Council v Luke Salathiel & Ors
21 June 2024
[2024] EWHC 1900 (KB)
High Court
Travellers built on land without permission, causing safety concerns. A judge ordered them to leave because the risks of staying were too high, even though they said their current housing was bad. The judge considered fairness to everyone involved.
Key Facts
- •Blaenau Gwent County Borough Council (Claimant) sought an injunction against Luke Salathiel, Brian (AKA Thom) Salathiel, Thomas Bryan, and Persons Unknown (Defendants) for unauthorized development and caravan stationing on land between Porters Road and Banna Bungalows, Nantyglo.
- •Defendants are members of the Traveller community and owners of the site.
- •Over the Easter weekend, Defendants carried out significant earthworks and stationed caravans without planning permission.
- •Claimant deemed the works and caravan stationing as breaches of planning control.
- •A temporary stop notice was served and expired; a limited prohibitory injunction was granted initially.
- •The defendants failed to provide further evidence as directed.
- •A geotechnical report revealed slope instability and potential contamination, posing safety risks.
- •Defendants argued unsuitable conditions at the Cwmcrachen Gypsy and Traveller site (owned by the Claimant) necessitated their actions.
- •Claimant presented evidence regarding the adequacy of the Cwmcrachen site.
Legal Principles
Section 187B of the Town and Country Planning Act 1990 allows local planning authorities to apply for injunctions to restrain planning control breaches.
Town and Country Planning Act 1990, section 187B
Principles for granting injunctions as set out in American Cyanamid Co v Ethicon Limited (No 1) [1975] AC 396 (serious question to be tried, damages inadequate remedy, balance of convenience).
American Cyanamid Co v Ethicon Limited (No 1) [1975] AC 396
Guidance from South Buckinghamshire District Council v Porter [2004] UKHL 33 on injunctive relief in planning matters; judge's role, proportionality, hardship considerations, availability of alternative sites.
South Buckinghamshire District Council v Porter [2004] UKHL 33
Relevance of children's wellbeing in planning processes (Stevens v Secretary of State for Housing and Communities and Local Government [2013] EWHC 792 (Admin)).
Stevens v Secretary of State for Housing and Communities and Local Government [2013] EWHC 792 (Admin)
Public Sector Equality Duty and section 149 of the Equality Act 2010.
Equality Act 2010, section 149
Outcomes
Mandatory injunction granted requiring the defendants to vacate the site and remove their caravans.
The balance of convenience favoured the grant of a mandatory injunction due to the serious and flagrant breach of planning control, safety concerns raised by the geotechnical report, and the lack of evidence supporting the defendants' claims of hardship.
Prohibitory injunctions maintained.
To prevent further breaches of planning control.