Case news N Smith v First SOS and another
Gordon, Warren
Case news N Smith v First SOS and another - 2005 - Property Week 70(32) 12 August 2005, 59(1) .
Discusses the appeal, N Smith V First SOS and Mid-Bedfordshire DC ([2005] EWCA Civ 859, [2005] NPC 99). Despite enforcement notices being served on a site where planning permission for a gypsy caravan park had been refused, development continued. Appeals were made against the decision, but eventually a HC injunction was made granting the removal of all the occupants of the site. This injunction was delayed until this appeal was heard. Objection to the site was made on three points, crime, the shift from an authorised to unauthorised site, and competition for local work. The court found that evidence of these problems was not sufficient to establish real concern, and the matter was sent back to the SOS or reconsideration.
N SMITH V SOS AND MID-BEDFORSHIRE DC
Case news N Smith v First SOS and another - 2005 - Property Week 70(32) 12 August 2005, 59(1) .
Discusses the appeal, N Smith V First SOS and Mid-Bedfordshire DC ([2005] EWCA Civ 859, [2005] NPC 99). Despite enforcement notices being served on a site where planning permission for a gypsy caravan park had been refused, development continued. Appeals were made against the decision, but eventually a HC injunction was made granting the removal of all the occupants of the site. This injunction was delayed until this appeal was heard. Objection to the site was made on three points, crime, the shift from an authorised to unauthorised site, and competition for local work. The court found that evidence of these problems was not sufficient to establish real concern, and the matter was sent back to the SOS or reconsideration.
N SMITH V SOS AND MID-BEDFORSHIRE DC