000 02320cab a2200253 4500
001 ##L133996
008 060629n2006 000 0 eng u
035 _a(Sirsi) u133996
041 0 _aeng
245 0 0 _aSouth Cambridgeshire District Council v Dan Flynn and 35 others
260 _c2006
520 _a[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.
590 _aIKA040706
650 2 4 _aSOUTH CAMBRIDGESHIRE DC V FLYNN AND OTHERS
650 2 4 _aTOWN AND COUNTRY PLANNING ACT1990 S187B
650 2 4 _aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8
650 2 4 _aODPM CIRCULAR 01/2006
650 2 4 _aWREXHAM BC V BERRY
650 2 4 _aSOUTH BUCKS DC V SMITH
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/EWHC/QB/2006/1320.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c77311
_d77311