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Court orders caravans to be removed from land after Cornwall Council applies for Injunction

A court has ordered that two caravans placed on land near St Just without planning permission must be removed. 

Cornwall Council applied to Truro County Court for an Injunctive Order after years of non-compliance with enforcement action by the owners. 

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The Council first served an Enforcement Notice requiring the removal of the caravans from the land at Botallack in July 2016. 

Despite the Council engaging with the owners on many occasions, the caravans were not removed. 

Now, after a court hearing on February 2, an Injunction has been granted ordering the removal of the caravans within six months and preventing use of the land for stationing caravans permanently. 

Tim Dwelly, the Council’s Portfolio Holder for Planning, said: “The Council’s Planning Enforcement team takes harmful breaches of planning control very seriously and we will not hesitate to use the enforcement tools at our disposal to prevent unacceptable development.   

“In this case, the Council is pleased that the court granted an Injunction to require this unacceptable development to cease.   

“An Injunction requires a recipient to comply with its terms and failure to do so can result in a custodial sentence for Contempt of Court.  The Council will now be monitoring the site to ensure the Injunction is complied with.” 

During the hearing the owners made representations to the court, stating that the removal would be unfair, as several people had complained while many were happy with the caravans being in place. 

They said it had been a stressful matter for them. 

However, Judge Simon Carr observed that the Enforcement Notice had been made some years ago and that it was sensible to make the Injunction order. 

He decided that it was fair to allow six months for the owners to comply. The caravans must therefore be removed by August 2, 2021. 

The owners have a right to appeal.