Injunction granted to halt site work

A High Court interim injunction was granted to Newark and Sherwood District Council on Friday to stop further work on an unauthorised caravan site on Tolney Lane, Newark.

The council’s planning committee turned down a retrospective application in October to use the site, known as Green Park, for a ten-pitch residential caravan site for Gypsies and Travellers.

The applicant, Mr Steven Coates, said they wanted to provide a place their children could call home.

The Environment Agency objected because of the high risk of flooding and because a flood risk assessment was inadequate.

Newark Town Council objected because the area was prone to flooding.

The district council’s director of growth, Mr Colin Walker, recommended refusal of the application.

The council leader, Mr Roger Blaney, told the cabinet on Thursday that an appeal had been lodged by Mr Coates against the decision to refuse the application, and the council’s decision to start enforcement action to ensure residential caravans and hardcore, which had already been taken on to the site, were removed.

The matter is due to be heard in April

Mr Blaney said it had become apparent that despite the committee’s decision to refuse the application top-soil and other hard core was still being taken on to the site.

He said a stop notice had been issued to ensure no further material was taken on, but tipping had continued overnight and so there was no alternative but to seek the injunction.

If the injunction is ignored a contempt of court case can be brought which could result in a prison sentence or fine.

The court will determine whether to continue with the injunction at a hearing in Birmingham Civil Justice Centre tomorrow.

Mr Blaney said action needed to be taken to stop further deposits of material on the site and to prevent any occupation by residential caravans.

He said raising the level of the land to create a new site was putting other legally occupied sites more at risk of flooding.