South Cambridgeshire District Council v Dan Flynn and 35 others
Language: English Publication details: 2006Subject(s):- SOUTH CAMBRIDGESHIRE DC V FLYNN AND OTHERS
- TOWN AND COUNTRY PLANNING ACT1990 S187B
- CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8
- ODPM CIRCULAR 01/2006
- WREXHAM BC V BERRY
- SOUTH BUCKS DC V SMITH
- 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 | 133996-2001 |
[2006] EWHC 1320 QB, 7 June 2006. Concerns the granting of an injunction requiring the removal of residential caravans from land owned by gypsies because the caravans harmed the landscape and local amenities and conflicted with local planning policies. S had issued enforcement notices prohibiting F from using land they owned as a residential caravan site. F applied for planning permission to site caravans on the land. This was rejected and even arguments in favour of temporary planning permission were deemed to be wholly without merit. F submitted that the grant of an injunction would infringe their rights under the Convention for the Protection of Human Rights and Fundamental Freedoms Art 8 and that ODPM Circular 01/2006 substantially improved their prospects of being granted temporary permission as it required the local authority to give due consideration to any unmet need for adequate alternative permanent site. "Held": application granted. It was proportionate to grant S an injunction and there was no breach of F's Art 8 rights. F's continued presence on the land had been a flagrant breach of planning control. Even following Circular 01/2006 a real prospect of obtaining temporary planning permission was necessary before the adjournment of the injunction application could be justified and F's prospects of obtaining such a permission were very low.