000 01817cab a2200217 4500
001 ##L133584
008 060522n2006 000 0 eng u
035 _a(Sirsi) u133584
041 0 _aeng
245 0 0 _aWychavon District Council v Rafferty and others
260 _c2006
520 _a[2006] EWCA Civ 628, 27 April 2006. Considers whether an injunction preventing a family of Romany gypsies from stationing their caravans on land should be varied or not. Appeal by R against a decision refusing to amend an injunction obtained by W. R had applied for planning permission to use the land to station a number of mobile homes and caravans after an injunction had been obtained to restrain him from doing this. R lodged an appeal when the application was turned down, contending that the judge been mistaken in not varying the injunction by following "Mid-Bedfordshire DC v Brown"([2004] EWCA Civ 1709, unreported) which could be distinguished factually from the instant case and by not appreciating the merits of the planning appeal. "Held": appeal dismissed. It was of no consequence that the facts of "Mid-Bedfordshire DC v Brown" were distinguishable from the facts in the instant case. The principle of the above case applied. There was nothing perverse in the judge's assessment of the planning appeal which he deemed to have no real prospect of success.
590 _aIKA230506
650 2 4 _aWYCHAVON DC V RAFFERTY AND OTHERS
650 2 4 _aSOUTH BUCKS DC V PORTER
650 2 4 _aMID BEDFORDSHIRE DC V BROWN
651 4 _aEngland and Wales
_y1543-
690 _aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-DEVELOPMENT CONTROL-PLANNING ENFORCEMENT
856 4 0 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2006/628.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c77091
_d77091