East Suffolk Council
High Court ruling over caravan park development
East Suffolk Council has been granted a High Court injunction ordering the removal of an unauthorised development in Lowestoft.
The council successfully applied to the High Court for an injunction ordering Tingdene (North Denes) Ltd to remove the unauthorised development from land at North Denes.
The land was previously owned by the former Waveney District Council (WDC – now East Suffolk Council), before being transferred to Lowestoft Town Council.
The injunction follows a decision by the Planning Inspectorate, in May 2021, to dismiss an appeal by Tingdene against an enforcement notice issued by East Suffolk Council when the unauthorised works were first undertaken in 2019, requiring removal of the development and restoration of the land to its previous state within three months.
In 1975, a planning application was submitted and approved by WDC for a camping site and roadworks on the land, and for a seasonal tenting and touring caravan site with up to 500 pitches in 1984. However, the Planning Inspectorate found it had not been demonstrated that the works comprised part of either the 1975 or 1984 permission, and that the nature of the 1984 permission was such that the works could only have been lawfully carried out by the local authority.
On Friday 19 May 2023, High Court judge Mrs Justice Steyn DBE granted East Suffolk Council an injunction pursuant to Section 187B of the Town and Country Planning Act 1990, ordering that, within 90 days, the defendant must permanently remove waste soil piles, caravan bases, roadway, and a pumping station with settlement tank and pipe works, and permanently restore the site to its previous condition.
Kay Yule, East Suffolk Council cabinet member for planning and coastal management, said: “We are pleased with the decision of the High Court to grant this injunction, which demonstrates the consequences of failing to follow legal planning processes and comply with enforcement notices, and we would urge anyone thinking about undertaking their own development to get in touch and speak with our planning team, or visit our website, for guidance.”