COURT OF APPEAL UPHOLDS INJUNCTION REQUIRING CESSATION OF UNAUTHORISED RESIDENTIAL USE AND REMOVAL OF MOBILE HOMES/CARAVANS IN SOUTH CAMBRIDGESHIRE

Margaret O'Brien and 5 Others v. South Cambridgeshire District Council [2008] EWCA Civ 1159

The Court of Appeal upheld the decision of the High Court to grant an injunction requiring the vacation of Land at Smithy Fen in South Cambridgeshire.

The case decided important issues relating to the need for the Council to provide alternative sites before resolving to seek injunctive action. The Court of Appeal held that there was no support in Circular 01/06 for the proposition that sites should be provided outside of the development plan process and under section 24 of the Caravan Site and Control of Development Act 1960.

The Court also considered that the Council has complied with its duties under section 71 of the Race Relations Act 1976 and the code of practice.

The Court of Appeal dismissed the argument that the Council's decision to seek injunctive action was invalid. The legitimacy of the Council's decision was relevant to the exercise of the Court's discretion as to whether or not to grant an injunction. In this case the Court attached considerable weight to the Council's decision to seek an injunction as it had had regard to all material considerations and had acted in a balanced and proportionate manner in approaching the issue.

Saira Kabir Sheikh appeared on behalf of South Cambridgeshire District Council in the Court of Appeal and the High Court.