An emergency High Court injunction was granted over the Bank Holiday weekend to prevent further works taking place at a suspected travellers’ site.
South Cambridgeshire District Council initiated legal proceedings after reports of what it described as “unauthorised operational development” on land near Moor Drove, on the Cottenham / Histon border.
Court documents reveal residents first alerted their local councillors to activity at the site on Saturday (23 May), which led to the temporary injunction granted by The Honourable Mr Justice Mansfield at an emergency hearing on Sunday evening.
The injunction – considered one of the most serious enforcement measures in planning – prevents works continuing at the site. It was made under s187B of the Town and Country Planning Act 1990 and, if breached, could result in imprisonment, fines or the seizing of assets.
Alleged works
Stephen Kelly, the Joint Director of Planning for the Greater Cambridge Shared Planning Service, explained in his witness statement there were concerns that caravans or mobile homes would be brought on to the site if the works continued.
The Council also believes the site would create “an effective extension or leapfrog expansion” of the existing lawful site on another field nearby. The land falls within the Cambridge Green Belt which is highly protected from development.
Mr Kelly outlined how large HGV tipper trucks were seen carrying “a substantial quantity of material to form an extensive hardstanding” through surrounding villages. There was specialist equipment at the site to form the hardstanding – a process which requires formal planning permission that had not been obtained.
Mr Kelly said: “The scale and commercial plant and transport provided suggests that the works were pre-planned for a time when it was anticipated that the Council offices would be closed.”
His 200-page witness statement also outlined the extensive planning history of the wider Moor Drove site dating back to 2007.
He said: “The Council’s concern is not speculative. The wider Moor Drove history shows a recurring sequence: land is occupied and / or physically developed first and retrospective applications and appeals follow later.
“The present works mirror that sequence. The Council therefore apprehends that, unless restrained, further works will occur and caravans/mobile homes will be brought onto the land for residential occupation.”
The Council stated it had “considered matters which affected persons might raise”. These include the unmet need for traveller pitches, family and health circumstances, the right to respect family life, property rights and the planning merits.
To this, Mr Kelly added: “However, without a planning application detailing the circumstances, the Council cannot consider this further.”
The application for the injunction also featured photographs of the activity, which were taken by district councillor Dr Martin Cahn when he visited the site and witnessed works being carried out.
Next steps
The injunction was granted against “persons unknown”.
Court documents also reveal it was not possible to access Land Registry information because the online service was unavailable over the weekend.
A further hearing related to the injunction is due to take place on 3 June at the Royal Courts of Justice.
Is it correct that they have been permitted 5 caravans? Why?
If councillor Martin Cahn had not acted swiftly on the bank holiday, are we to assume the number would have reached 18 caravans being permitted?
A few of these planned bank holiday swift works to achieve caravans on sites we’re on the news in May. As obviously well planned to achieve their goals!
Many thanks to Councillor Martin Cahn foe his prompt response when residents reported the issue;