The unauthorised work started on the evening of Friday 28 August, Michael was instructed at midday on Saturday 29 August, and the first interim injunction was served on the land at 10.30pm that evening. The unauthorised development works continued on Sunday morning, so Michael was instructed to seek a further interim injunction which was granted and served at 2am on the morning of Monday 31 August.

The interim injunctions are notable for two reasons: first, they contain a mandatory requirement that anyone occupying the land is required to cease occupation. Such mandatory orders are rarely granted in the context of unauthorised gypsy and traveller development given the human rights balance exercise the Court is required to perform. Second, the further injunction contained a power of arrest on the basis of public nuisance and the powers under s.222 Local Government Act 1972. Again, it is vanishingly rare for the Court to grant powers of arrest in the context of gypsy and traveller injunctions.

As a result of the injunctions, work has ceased on the land, vehicles and plant have been removed, and most of the people on the land have now left it.

Michael Fry said: “In this case the Court was persuaded that the unique circumstances of the development and the flagrant disregard for the Court’s first order were sufficient for it to exercise its discretion to grant an injunction which has real teeth. The success is down to the extraordinarily hard work of the East Hertfordshire District Council planning officers in gathering the evidence and serving the site at anti-social hours and over a Bank Holiday weekend with support from local people and a proactive policing approach.”  

There has been extensive press coverage of the case:

• BBC: https://www.bbc.co.uk/news/articles/cevwezl1w2xo
• Times: https://www.thetimes.com/uk/law/article/protest-illegal-building-work-wildlife-meadows-kv7nw5vx3
• Bishop Stortford Independent: https://www.bishopsstortfordindependent.co.uk/news/police-clear-sheering-mill-lane-site-after-council-serves-12-9480789/
• Details of the proceedings can be found at: https://www.eastherts.gov.uk/unauthorised-encampment-and-works-land-sheering-mill-lane-sawbridgeworth

Michael Fry was instructed by East Hertfordshire District Council.