Rochdale Metropolitan Borough Council v Shane Heron & Ors
[2024] EWHC 1653 (KB)
London Borough of Havering v William Stokes & Ors
3 October 2024
[2024] EWHC 2496 (KB)
High Court
A council got a court order to stop illegal traveller camps, especially those with rubbish dumping and trouble. Some people who had done it before were banned from camping anywhere in the borough, and other places were protected from new illegal camps. Only the worst offenders got a part of the order that lets the police arrest them if they break the rules.
Key Facts
- •The London Borough of Havering sought a precautionary injunction against unauthorised traveller encampments, particularly those involving fly-tipping and anti-social behaviour.
- •The claim was brought against 51 named defendants and persons unknown.
- •The Claimant argued that forming encampments and fly-tipping constitute development without planning permission, breaching planning control under the Town and Country Planning Act 1990.
- •The Claimant relied on vehicle registration or insurance records to link named defendants to encampments.
- •The Claimant proposed a borough-wide injunction for named defendants and an injunction against persons unknown for specific sites.
- •The case considered the Supreme Court's decision in Wolverhampton City Council & others v London Gypsies and Travellers, regarding injunctions against persons unknown affecting Traveller/Gypsy communities.
- •The court considered the adequacy of alternative remedies like damages for trespass and actions under the Criminal Justice and Public Order Act 1994.
- •The court assessed the risk of future conduct by named defendants, considering evidence of past actions, association with others, and potential for harm.
- •The court considered the proportionality of injunctions to Convention rights, particularly the right to a nomadic lifestyle.
- •The court addressed whether to add a power of arrest to the injunctions.
Legal Principles
Local authorities can bring legal proceedings to protect inhabitants' interests under section 222 of the Local Government Act 1972.
Local Government Act 1972, section 222
Forming encampments and fly-tipping are considered development under section 55 of the Town and Country Planning Act 1990, requiring planning permission.
Town and Country Planning Act 1990, sections 55, 57, 187B
Courts have discretion to grant injunctions under section 187B of the 1990 Act to restrain breaches of planning control.
Town and Country Planning Act 1990, section 187B
The court's discretion in granting injunctions against persons unknown affecting Travellers/Gypsies must align with the approach in Wolverhampton v London Gypsies and Travellers.
Wolverhampton City Council & others v London Gypsies and Travellers [2023] UKSC 47
A power of arrest can be added to an injunction under section 27 of the Police and Justice Act 2006 if the conduct causes nuisance or annoyance and involves violence or significant risk of harm.
Police and Justice Act 2006, section 27
When considering precautionary injunctions, a two-stage test applies: (a) strong possibility of breach, (b) inadequacy of alternative remedies.
Vastint Leeds BV v Persons Unknown [2018] EWHC 2456 (Ch)
Injunctions against named defendants must assess individual conduct and risk, but common-sense inferences can be drawn from association with others.
Thurrock Council v Stokes & others [2022] EWHC 1998 (QB), Royal Mail Group Ltd v Efobi [2021] UKSC 33
Outcomes
Granted a borough-wide injunction against 42 named defendants, prohibiting unauthorised encampments without permission.
Sufficient evidence showed past participation in unauthorised encampments, particularly those with fly-tipping and anti-social behaviour, indicating a risk of repetition.
Granted an injunction against persons unknown for 306 specific sites.
Demonstrated a risk of unauthorised encampments, particularly at sensitive locations, causing harm that alternative remedies couldn't adequately address.
Added a power of arrest to the injunction against Brian and Patrick Stokes only.
The seriousness of their involvement in a violent and damaging encampment warranted this measure.
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