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Bath and NE Somerset Council v Connors [2006] EWHC 1595 QB, [2007] JPL 140

DATE: 05 Jul 2006


In this decision Tugendhat J ruled that gypsies encamped on a Green Belt site in an AONB near Bath had no reasonable prospect of being granted a temporary planning permission under C1/2006, despite the fact that the local planning authority had never allocated land for use as a gypsy site and was unable to identify any suitable alternative site for the defendants. There had been a pre-C1/2006 appeal decision refusing planning permission for the site. In considering how this decision letter was to be treated, the judge applied the approach of Silber J in South Cambridgeshire District Council v Flynn [2007] JPL 440.  He granted an injunction requiring the gypsies to leave the site but suspended it for 4 months to allow time for alternative provision to be made for them.

Richard Langham appeared for Bath and North East Somerset Council.