Basildon Borough Council v Eliza Sanders & Ors
[2024] EWHC 2954 (KB)
Maidstone BC v Goliea Brazil & Ors.
27 April 2023
[2023] EWHC 965 (KB)
High Court
A council won a court case to stop people living illegally on greenbelt land. Many were ordered to leave, but two were allowed to stay because they had permission to be there and the council didn't check properly.
Key Facts
- •Maidstone BC sought a permanent injunction against 23 defendants under section 187B of the Town and Country Planning Act 1990 for unauthorized development on Green Belt land.
- •The land, owned by various defendants, is subject to multiple planning breaches and previous enforcement actions, including a 2017 injunction.
- •Defendants occupy the land with caravans and structures, causing significant harm to the Green Belt and posing flood risks.
- •Many defendants have personal circumstances, including medical conditions and children attending local schools, that would be impacted by eviction.
- •No alternative sites are currently available for relocation.
Legal Principles
Court's discretion to grant injunctions under section 187B TCPA 1990; considering proportionality, impact on defendants' rights (Article 8 ECHR), planning history, and availability of alternative sites.
South Bucks District Council v Porter (No. 1) [2003] 2 AC 558
Public sector equality duty under section 149 of the Equality Act 2010.
Equality Act 2010
Importance of upholding court orders and not condoning contempt.
Mid Bedfordshire District Council v Brown [2004] EWCA Civ 1709
Need for newcomers to take immediate steps to vary an injunction.
South Cambridgeshire District Council v Gammell and Others [2005] EWCA Civ 1429
Outcomes
Injunction granted against defendants 3-23.
Significant and flagrant breaches of planning control, despite previous enforcement attempts; harm to Green Belt outweighs defendants' hardship; adequate consideration given to personal circumstances (except for D1 & D2).
Injunction refused for defendants 1 and 2.
Temporary planning permission still valid; less flagrant breaches; inadequate consideration of their circumstances by the Claimant.
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