PLANNINGInjunction restraining breach of planning control - gypsies living in caravans and mobile homes stationed without planning permission - court to consider gypsies' human rightsSouth Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others; Wrexham Borough Council v Berry; Hertsmere Borough Council v Harty and others: CA (Lords Justice Simon Brown, Peter Gibson and Tuckey): 12 October 2001Local planning authorities were granted injunctions under section 187B of the Town and Country Planning Act 1990, as inserted by section 3 of the Planning and Compensation Act 1991, restraining the defendants from living in mobile homes and caravans on land acquired by them for that purpose for which planning consent had been refused.

The defendants appealed on the ground that the judges had failed to consider, in addition to relevant planning considerations, the likely effect of the orders on their human rights.

Charles George QC and Stephen Cottle (instructed by Community Law Partnership, Birmingham) for the Porters.

David Watkinson (instructed by Community Law Partnership, Birmingham) for Searle.

Richard Drabble QC and Stephen Cottle (instructed by Community Law Partnership, Birmingham) for Berry.

Richard Drabble QC and Murray Hunt (instructed by Lance Kent & Co, Chesham) for Harty.

Timothy Straker QC and Ian Albutt (instructed by Sharpe Pritchard) for South Buckinghamshire.

Timothy Straker QC and Robin Green (instructed by Sharpe Pritchard) for Chichester and Wrexham.

Robert McCracken and Gregory Jones (instructed by the head of legal services, Hertsmere Borough Council, Borehamwood) for Hertsmere.