DC Casebook: Court Cases

Injunction issued to block reoccupation

Basildon District Council has secured an injunction to prevent travellers from reoccupying a site that has been the subject of a long-running planning battle.

After the council issued enforcement notices in 2005 and 2007, the Court of Appeal ruled that continued occupation of the land was unlawful. The travellers vacated the site. The council claimed that reoccupation was likely because a group of travellers was about to vacate a 50-pitch site in the locality. It requested a permanent injunction to prevent such an event.

Mr Justice Edwards-Stewart concluded that the council's arguments were unanswerable. Any occupation of the site would become a criminal matter, he observed. In his view, the need to uphold effective planning control far outweighed the rights of travellers who had previously resided on the land.

Basildon District Council v Ox and Others

Date 22 September 2010

Ref IHQ/10/00710.

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