The land, which is in the Green Belt and within the Brickendon Conservation Area, was previously an area of agricultural pastureland and woodland which formed part of the Long Leys Estate. It was, however, occupied since at least October 2018 by a large chalet style caravan and a touring caravan along with other vehicles. Operational development had also been carried out.

The Claimant, as the Local Planning Authority, had issued an Enforcement Notice in February 2020. Previous retrospective planning applications had also been refused. Appeals against the Enforcement Notice, and the Claimant's refusal to grant planning permission, were dismissed at appeal by an Inspector in April 2022. The time for compliance with the Enforcement Notice was extended until August 2023. It was not complied with and the use continued in breach of planning control.

The Claimant sought a final injunction from the High Court requiring the cessation of the unauthorised residential use and the removal of the development from the land. The High Court held that "the proposed injunction is necessary in order to uphold the integrity of the planning system as conventional enforcement measures have proven ineffective in resolving what is a clear breach of planning control" (paragraph 81) and granted the injunction sought (the principle of which the Defendants indicated at the final hearing they would consent to). The Claimant also recovered its costs of the proceedings.

Mark O'Brien O'Reilly, instructed by Mari Roberts of Sharpe Pritchard LLP, acted for the successful Claimant. A link to the judgment is here.