Waverley Borough Council v Anthony Martin Gray & Ors
[2023] EWHC 670 (KB)
Hart District Council v Helen Freeman & Anor.
26 May 2023
[2023] EWHC 1246 (KB)
High Court
Pig farmers illegally lived in a caravan on their land. They tried to get the court to let them stay because they claimed they were homeless and needed to be there for their pigs. The court said they weren't really homeless and weren't allowed to break the rules about building on their land.
Key Facts
- •Defendants (Freeman and Silvester) operate a pig farm and lived in a caravan on land they purchased without planning permission.
- •An injunction was granted prohibiting residential occupation of the caravan.
- •Defendants applied to vary the injunction due to a claimed change of circumstances: homelessness and an appeal against an enforcement notice.
- •Defendants argue the need to live on the land for pig farming and childcare.
- •Claimant (Hart District Council) opposes the application, citing breaches of planning control and potential damage to public confidence in the planning system.
- •The defendants' appeal against the enforcement notice did not initially include the caravan's retention.
Legal Principles
Court's discretion in granting injunctions under section 187B of the Town and Country Planning Act 1990.
South Bucks DC v Porter [2003] UKHL 26
Application to vary an injunction requires a material change of circumstances or other good reason; if so, the court assesses if the injunction remains just and convenient.
Entertainment Apps Limited v Yash Patel & 6 ors [2021] EWHC 3388 (TCC)
The court should not act as a planning tribunal but can consider if there's a real prospect of a successful appeal.
South Bucks DC v Porter [2003] UKHL 26
Injunction applications should not be used as an accelerated challenge to enforcement notices; the planning inspectorate has jurisdiction over such appeals.
South Bucks DC v Porter [2003] UKHL 26
Outcomes
Application to vary the injunction dismissed.
Defendants failed to demonstrate a material change of circumstances; they could afford alternative accommodation and the need for dogs on-site was not sufficiently proven. The public interest in upholding planning laws outweighed the defendants' claims.
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