High Court Injunction - Frittenden

Quick work to instigate legal proceedings over a bank holiday weekend by the Council’s Planning Enforcement team, and a subsequent High Court hearing on 15 September, means an address in the Frittenden area cannot be used as a site for caravans or mobile homes.

A planning application was submitted to the Council on the eve of the August bank holiday weekend seeking permission to place a mobile home and caravan on the land. Following up on the application a planning enforcement officer visited the address on the Saturday and observed lorries delivering hardcore and an area of hardstanding being laid. There was no permission for this development and so, using powers under the Town and Country Planning Act 1990, the officer obtained a Temporary Stop Notice and served it on the site on Saturday evening.

Another visit to the site a short time later revealed a mobile home and a caravan, and a septic tank installation. The landowner was advised that this was a clear breach of the Temporary Stop Notice and was told that no more work should be carried out.

The Council applied to the High Court for an Injunction and an order was granted. A further hearing will take place in December when the Council will be asking for the injunction to be made permanent.

Cabinet member Councillor Alan McDermott, Planning and Transportation Portfolio Holder said:

Very quick work by planning enforcement officers stopped this unauthorised development before too much work had been done on the site and I hope people will realise that the Council will not hesitate in taking whatever action is necessary in situations like this.

The injunction means that the land cannot be used for residential purposes or any other purpose in breach of planning control and residential caravans and mobile homes cannot be sited there. If the landowner disobeys the order they may be held to be in contempt of court and liable to imprisonment or to be fined.