21 February 2019
A trio of applications at the High Court this month has highlighted the expertise of a partner at London-based public law specialists, Sharpe Pritchard in obtaining traveller injunctions.
William Rose acted in two applications for Chelmsford City Council and one application for South Cambridgeshire District Council for injunctions relating to alleged breaches of planning law by travellers.
In South Cambridgeshire District Council v Mary Taylor & Others an injunction was granted by the court under section 187B of the Town and Country Planning Act 1990. Six occupied caravans, as well as more than 100 dogs, had been brought onto a Grade 1 agricultural site owned by the respondents without an application for change of use. The injunction required the travellers to vacate the land and restore it to its previous condition.
The next day, William Rose acted in Chelmsford City Council v Lee & Others. In this case, the court indicated that it would have granted an injunction to the local authority, but accepted that an undertaking by the respondents to comply with an earlier interim injunction would suffice until the determination of an outstanding planning appeal.
Three days later in Chelmsford City Council v Crockford & Others, the court continued an interim injunction against a group of travellers who had brought caravans onto a field in the green belt in breach of planning control. One of the travellers had arranged for a digger to construct a path to move a caravan onto a particular part of the site. He attended court, and following an explanation of his circumstances, the local authority requested an extension of the interim injunction against bringing further caravans onto the field or carrying out further works, rather than seeking a final injunction. This allowed the respondent 14 days to seek legal advice and provide evidence and the local authority a further 14 days to provide evidence in response.
William Rose instructed Wayne Beglan of Cornerstone Barristers for the local authorities in each of these cases.
William said: “Each of these cases posed particular challenges for the local authorities concerned in enforcing planning policies, including on the green belt.
At Sharpe Pritchard, our experience in this area means that we are able to work with counsel to bring applications for injunctions before the courts rapidly, to ensure that harm caused by breaches of planning policy is minimised as quickly as possible.
We have particularly strong expertise in relation to traveller injunctions where a range of complex considerations can come into play and we can assist local authorities in adapting their legal strategies to account for these.”
William Rose is a recommended lawyer for Administrative and Public Law in the most recent edition of the Legal 500 guide to the legal sector.
This article is for general awareness only and does not constitute legal or professional advice. The law may have changed since this page was first published.
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