Wealden council welcomes injunction

The injunction is over planning contraventions

An injunction has been secured in the High Court to stop unauthorised residential use of caravans on a site close to the Ashdown Forest.

The injunction was obtained by Wealden District Council in relation to the proposed development on a paddock in Hoadleys Stable, Hoadleys Lane, Crowborough.

In October last year the council refused planning permission for a change of use on the land, which would have seen three touring caravans be used for residential accommodation along with associated development.

While an appeal has been lodged with the Planning Inspectorate, the council sought an injunction to stop the unauthorised use. The site is within 400 metres of Ashdown Forest and new residential use in such locations is a significant breach of policy. 

The Hoadleys injunction is the latest in a series of successful injunctions secured in the courts by Wealden District Council.

An application in 2018 to station a mobile home for temporary accommodation at Broadgreen Farm, Broad Street, Hooe, was withdrawn after an injunction was granted by the courts.

In addition, the court granted an injunction following an enforcement notice issued by Wealden planners in October 2020 against an unauthorised mobile home at Gladswish Farm, Catsfield Road, Ninfield.

And an injunction was served to stop unlawful residential use of a caravan and extensive earthworks at Cypress Wood, Howbourne Lane, Buxted. The injunction followed an enforcement notice served by Wealden District Council in April 2020.

In all four cases where the injunction was agreed by the court, full costs were awarded to Wealden District Council.

Wealden District Council’s portfolio holder for Planning Councillor Ann Newton said, “We are grateful to the courts as this ratifies our commitment to taking action against unauthorised breaches of planning control.

“People need to realise that when it comes to planning, it is not acceptable to act first and apply later. It will simply come back to bite them and likely lead to bigger problems.

“We operate a well-regarded and popular pre-application advice service. Most residents and businesses make use of this service and seek guidance and advice from our planning team.

“Where people press on and do not secure the necessary permissions, we robustly defend breaches of control through planning enforcement. These cases show we will escalate matters to court where there has been a serious contravention of planning laws.”