Social Welfare Lawyers in the Centre of Birmingham

St Edmundsbury Borough Council – v – Oakley

St Edmundsbury Borough Council – v – Oakley [2015] EWHC 1975 (QB), 10 July 2015, Mrs Justice Patterson

The defendant had planning permission for a single Gypsy site but injunction action under Town and Country Planning Act 1990 Section 187B was taken against her for bringing on a residential touring caravan in an unauthorised location, use of the stable block for residential purposes and other matters.  An injunction order was granted on 17 December 2014 but was not complied with.  Committal action was taken.

The Judge concluded, amongst other things:-

In the circumstances that I have set out I have to conclude that the order of the court was flouted by the defendant.  Her persistent failure to comply with its requirements aggravates the gravity of her conduct.  There has been no prompt and full compliance and, until the court hearing, there was no acknowledgment of fault or apology for her conduct.

I take into account that the defendant has taken steps, albeit belatedly, and has financial pressures that may have impeded her compliance with the order.  But I have to take into account the fact that court orders have to be respected and the authority of the court would be undermined if the defendant were permitted to breach a court order indefinitely (paras 17 & 18). 

He made an order for imprisonment for 4 months suspended provided the defendant adhered to the timings set out in an undertaking for compliance with the original order.

Attachments

Total Attachments: 1

St Edmundsbury Judgment (0 bytes)