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High Court throws out bid to overturn Ashford planning breach injunction

Words: Huw Morris
Mobile Home / iStock-464969398

Ashford Borough Council has seen off a bid to overturn a High Court injunction against a group that had unlawfully created a mobile home site.

The case, which involved several defendants and “persons unknown” concerned a site at High Halden in Kent.

In March, Ashford was granted an injunction preventing the defendants from using the land or carrying out works in breach of planning controls under Section 187B of the Town and Country Planning Act 1990, including stationing any caravan or mobile home for residential use.

Council officers had witnessed substantial works on the site in defiance of a stop notice.

His Honour Judge Richard Parkes ruled that the injunction seemed to “have been completely ignored” and refused an application by one of the defendants to vary it to allow temporary residential use.

He decided that using the land for residential purposes had never been lawful and that it “strains credulity” for the defendants to believe otherwise and he saw no prospect of planning permission being granted for residential use.

The judge also said varying the injunction would mean some defendants using the site for residential when they had “no legal right to bring mobile homes onto the land in the first place and when there was a court order in place preventing the use of the land for such purposes”.

Image credit | iStock