We continue to deal with legal matters in relation to a piece of land at Porter’s Road, Nantyglo. Earlier this year, land development took place at the site in the absence of planning permission from the Council.
The Council have been granted a Final Injunction Order by the High Court which continues to prevent any further development of the land, and which now instructs the landowners to carry out Stability Remediation Works at the site using a Council approved scheme of works.
The approved scheme of works must be carried out by a competent, experienced Civil Engineering Contractor whose details must be supplied to the Council in writing by the landowners prior to the commencement of the works on site. All work is to be carried out in full compliance with the Construction Design & Management Regulations (2015) and in line with the latest health and safety regulations. The works will be supervised by an independent engineer.
Once earthworks are completed, the site is to be fertilised and hydroseeded.
The Court has ordered that the named defendants are to carry out the Stability Remediation Works by the 31st May 2025 (or any later date if agreed in writing by the Council).
Timeline:
5th April 2024:
A Temporary Stop Notice was served to the landowners and interested parties on the 5 April 2024 using the relevant powers under the Town & County Planning Act 1990.
1st May 2024:
The Council obtained an Interim High Court Injunction stating that the landowners shall not:
• Carry out or cause to be carried out on the Land any engineering works or acts of development without the prior grant of planning permission, including in the form of the erection of any building or other structure or by way of material change of use.
• Bring onto the Land any touring caravan, mobile home, or any other moveable structure save that six touring caravans stationed on the land at the date of this interim injunction
The Interim High Court Injunction also stated that other than the landowners no person shall reside in or take up occupation (including by staying overnight) of any of the touring caravans permitted to be retained on the land. The Interim High Court Injunction granted on Wednesday 1st May 2024 was a temporary order, with the matter returning to the High Court today (Friday 21 June 2024).
25th June:
The Council obtained a further Interim High Court Injunction stating that the landowners:
·&²Ô²ú²õ±è;&²Ô²ú²õ±è;&²Ô²ú²õ±è;&²Ô²ú²õ±è;&²Ô²ú²õ±è;&²Ô²ú²õ±è; Shall not carry out or cause or permit to be carried out on the Land any engineering works without the prior grant of planning permission.
·&²Ô²ú²õ±è;&²Ô²ú²õ±è;&²Ô²ú²õ±è;&²Ô²ú²õ±è;&²Ô²ú²õ±è;&²Ô²ú²õ±è; Shall not carry out or cause or permit to be carried out on the Land any other act of development (including operational development in the form of the erection of any building or other structure or by way of material change of use) without the prior grant of planning permission.
·&²Ô²ú²õ±è;&²Ô²ú²õ±è;&²Ô²ú²õ±è;&²Ô²ú²õ±è;&²Ô²ú²õ±è;&²Ô²ú²õ±è; Shall not later than 1800hrs on Sunday 23rd June 2024 cease to occupy, live and/or sleep or cause or permit any person to occupy, live and/or sleep in any touring caravan, mobile home or any other moveable structure on the land.
·&²Ô²ú²õ±è;&²Ô²ú²õ±è;&²Ô²ú²õ±è;&²Ô²ú²õ±è;&²Ô²ú²õ±è;&²Ô²ú²õ±è; Shall remove from the land by 1700 hrs on Monday 24th June 2024 all touring caravans, the Portaloo, trailer and all other residential paraphernalia.
·&²Ô²ú²õ±è;&²Ô²ú²õ±è;&²Ô²ú²õ±è;&²Ô²ú²õ±è;&²Ô²ú²õ±è;&²Ô²ú²õ±è; Shall not thereafter cause or permit any touring caravan, mobile home, or any other moveable structure to be stationed on the land without the prior grant of planning permission.
·&²Ô²ú²õ±è;&²Ô²ú²õ±è;&²Ô²ú²õ±è;&²Ô²ú²õ±è;&²Ô²ú²õ±è;&²Ô²ú²õ±è; Shall not thereafter cause or permit the parking or storage of any vehicle, plant, or machinery on the land without the prior grant of planning permission.
4th December 2024:
The Council obtained a Final Injunction Order. This reinforces the conditions of the previous orders of 25th June and in addition instructs the landowners to carry out remediation works.