Unauthorised encampments on council owned land
Pages in Unauthorised encampments on council owned land
3. Injunction Order
On 1 July 2019 the High Court granted Reigate & Banstead Borough Council an Interim Injunction forbidding Persons Unknown Occupying Land and/or Depositing Waste or Fly-tipping on Land from setting-up an encampment or occupying land for residential purposes on 158 sites within the Borough, without written permission from the Local Planning Authority, or planning permission granted by a planning inspector; or from bringing on those 158 sites any vehicle whether for the purposes of disposal of waste and materials or otherwise; or from depositing any personal, domestic or commercial waste and/or fly-tipping on any of the 158 sites within the Borough.
The Court of Appeal subsequently handed down judgments in LB Bromley -v- Persons Unknown  PTSR 1043 and Canada Goose -v- Persons Unknown  1 WLR 2802, respectively on, 21 January 2020 and 5 March 2020 which raised questions as to whether there were grounds upon which the Interim Order for the Council’s Injunction dealing with unauthorised encampments could be made Final.
On 12 May 2021 ( EWHC 1201 (QB)) the High Court handed down a further judgment, as a result of which, the Council is required by the High Court to:
- Remove all notices of the injunction from Council sites at which the injunction is displayed; and
- Ensure that it makes clear on its website that the Court has discharged the injunction order and it is no longer in force.