Bath and North East Somerset Council v Eileen Connors and others
Language: English Publication details: 2006Subject(s):- BATH AND NORTH EAST SOMERSET COUNCIL V CONNORS AND OTHERS
- CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8
- TOWN AND COUNTRY PLANNING ACT 1990 S187B
- England and Wales -- 1543-
- ENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-DEVELOPMENT CONTROL-PLANNING ENFORCEMENT
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 134305-2001 |
[2006] EWHC 1595 (QB), 5 July 2006. Concerns the possibility of a successful appeal for temporary planning permission relating to the stationing of gypsy caravans on a green belt site. B applied for injunctions against C to restrain existing and anticipated breaches of planning control pursuant to the Town and Country Planning Act 1990 s187B. After B refused planning permission C's appeal to the planning inspector was dismissed on the grounds that neither C's personal circumstances nor the limited scope for alternative accommodation nor the potential interference with C's rights under the Convention on Human Rights and Fundamental Freedoms Art 8, outweighed the possibility of substantial harm to the site located in a designated area of outstanding beauty, a decision upheld by the SoS. C accepted the granting of an injunction but submitted that it should be suspended as C had a reasonable prospect of success of gaining temporary planning permission following ODPM Circular 01/2006 "Planning for gypsy and traveller caravan sites". "Held": application granted. Notwithstanding the new circular there was no realistic prospect of C succeeding in a fresh appeal or of B reaching a different planning conclusion.