Agenda item

The Planning Committee resolved that application be made to the High Court under Section 187B of the Town and Country Planning Act 1990, seeking variation of the Order dated 6 April 2006 such that:

(a)            the toleration in respect of the following named Defendant as relates to that particular pitch detailed in the proviso to paragraph 4a of the 2006 order be removed entirely:-

·        Michael Hegarty – 11 Orchard Drive (also spelled ‘Heggarty’)

(b)            The toleration in respect of the following named Defendant as relates to that one particular pitch detailed in the proviso to paragraph 4a of the 2006 order be extended to also personally benefit Jimmy O’Brien in similar terms:-

·        Kathleen O’Brien – 15 Water Lane (n.b. this individual is a different person to that contemplated by recommendation (d) below).

(c)            The toleration in respect of the following named Defendant as relates to that one particular pitch detailed in the proviso to paragraph 4a of the 2006 order be extended to also personally benefit Kathleen Slattery and David Gammell in similar terms:-

·        Nora Slattery – 10 Orchard Drive

(d)            The prohibitions set out at paragraph 4 of the 2006 order be expressly and specifically extended to contemplate and bind the following person as if a named Defendant without any toleration as relates to the one particular pitch detailed, or otherwise in respect of the Northern Area or the Southern Area as defined at paragraph 2 of the 2006 order and, further, that the current and continuing breach of development control affecting that pitch as represented by its unauthorised use for the stationing and residential occupation of caravans and/or mobile homes be ordered to cease and the pitch be cleared of chattels associated with such unauthorised development:-

·        Kathleen O’Brien – 11 Orchard Drive (n.b. this individual is a different person to that contemplated by recommendation (b) above).

Councillor Deborah Roberts sat in the public gallery for the entirety of this item, took no part in the debate, and did not vote.

The Planning Committee considered a report

1.      Relating to significant residual breaches of development control now affecting the various pitches contemplated by the above planning appeal decision.

2.      seeking authority for an application to the High Court to vary the Injunction granted by Mr Justice Mitting on 6 April 2006 (sealed by the Court on 7 April 2006 under claim reference HQ05X02057), to ensure the tolerations and prohibitions contained in that order (“the 2006 order”) properly reflect the planning authorisations and refusals resulting from the May 2014 appeal decision.

3.      Detailing the granting of an Injunction order, made by Mr Justice King on a without notice basis on 16 January 2015, that had the effect of removing the 2006 tolerations in respect of the following three named Defendants as relate to three particular pitches detailed in the proviso to paragraph 4a of the 2006 order:-

·                   Michael O’Brien – 5 Orchard Drive

·                   Margaret O’Brien – 5a Orchard Drive

·                   Nora O’Brien – 6 Orchard Drive    

The Senior Lawyer referred Members to paragraph 19 of the report, telling them that the situation surrounding 11 Orchard Drive had never been resolved. He also referred Members to the information contained within Appendix 5, exempted from publication under paragraphs 1 and 2 of Schedule 12A to the Local Government Act 1972.

Michael Hargreaves, the applicant’s agent, addressed the meeting and referred to the following points:

·        Kathleen O’Brien should be treated in the same way as her ex-husband, and protected by the 2006 Order

·        Living arrangements in early 2014

·        The Committee should consider the situation as it currently is

·        The high value placed on education for Mrs O’Brien’s daughter

·        Members should show humanity

During the course of Members’ discussion, the Senior Lawyer

·        Highlighted the Court’s discretion

·        Advised the Committee not to speculate about a future application

·        Referred to the public interest, given that continued occupation of the plot at Smithy Fen by Mrs O’Brien represented a breach of planning law and a criminal offence

·        Said that Members should focus on the bigger picture and consider whether planning law should apply equally to everyone.

·        Reminded Members that 11 Orchard Drive remained the only outstanding breach at Smithy Fen where the 2006 Injunction served only to prevent further incursion

The Planning Committee resolved that application be made to the High Court under Section 187B of the Town and Country Planning Act 1990, seeking variation of the Order dated 6 April 2006 such that:

(a)             the toleration in respect of the following named Defendant as relates to that particular pitch detailed in the proviso to paragraph 4a of the 2006 order be removed entirely:-

·        Michael Hegarty – 11 Orchard Drive (also spelled ‘Heggarty’)

(b)             The toleration in respect of the following named Defendant as relates to that one particular pitch detailed in the proviso to paragraph 4a of the 2006 order be extended to also personally benefit Jimmy O’Brien in similar terms:-

·        Kathleen O’Brien – 15 Water Lane (n.b. this individual is a different person to that contemplated by recommendation (d) below).

(c)              The toleration in respect of the following named Defendant as relates to that one particular pitch detailed in the proviso to paragraph 4a of the 2006 order be extended to also personally benefit Kathleen Slattery and David Gammell in similar terms:-

·        Nora Slattery – 10 Orchard Drive

(d)             The prohibitions set out at paragraph 4 of the 2006 order be expressly and specifically extended to contemplate and bind the following person as if a named Defendant without any toleration as relates to the one particular pitch detailed, or otherwise in respect of the Northern Area or the Southern Area as defined at paragraph 2 of the 2006 order and, further, that the current and continuing breach of development control affecting that pitch as represented by its unauthorised use for the stationing and residential occupation of caravans and/or mobile homes be ordered to cease and the pitch be cleared of chattels associated with such unauthorised development:-

·        Kathleen O’Brien – 11 Orchard Drive (n.b. this individual is a different person to that contemplated by recommendation (b) above).