000 02079cad a22002415a 4500
001 L142709
008 080303e20071207xxk f w 000 0 eng d
035 _a(Sirsi) u142709
041 0 _aeng
245 0 0 _aSouth Cambridgeshire DC v Gammell and 26 others
260 _c2007
520 _a[2007] EWHC 2919 (QB), 7 December 2007. Considers the extent of the Town and Country Planning Act 1990 s187B, investigating the extent of the planning authority's use of it to seek an injunction against Gypsies using land for residential purposes. The claimant planning authority (C) sought an injunction against X for breaches of planning control. X had moved caravans onto land belonging to C for residential purposes. C had issued enforcement notices to prevent this breach of planning control, but the notices had expired. C sought permanent mandatory injunctions against X compelling them to vacate the land within fourteen days. "Held": X was using the land for residential purposes and so was protected by the European Convention on Human Rights 1950 Art 8. However X could make sensible arrangements with C to reduce hardship. It was unreasonable to expect vacation within fourteen days, despite, the continued planning breach. Three months' further residence was to be granted. Followed a previous case (ABS68049) the court had full discretion to make such decisions. Lack of attempt by C to prosecute held little weight as X were aware their actions were illegal. Judgment for the claimant.
590 _aKA
650 2 4 _aSOUTH CAMBRIDGESHIRE DC V GAMMELL AND 26 OTHERS
650 2 4 _aSOUTH BUCKS DC V PORTER
650 2 4 _aEUROPEAN CONVENTION ON HUMAN RIGHTS 1950 ART58
650 2 4 _aCARAVAN SITES AND CONTROL OF DEVELOPMENT ACT 1960 S24
650 2 4 _aTOWN AND COUNTRY PLANNING ACT 1990 S187B
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/2007/2919.html
_zView the judgment free of charge...
942 _n0
999 _c79917
_d79917