Uttlesford DC v Anthony Mongan & Ors

Facts

Uttlesford DC, the claimant council, sought to restrain unauthorised development and residential use of land at Mole Hill Green, Felstead, Dunmow, Essex. The first defendant, Anthony Mongan, said he had bought parcels of the land. After complaints from residents, the council served a temporary stop notice on 5 May 2026, and a change of use application for a 12-pitch traveller site was put in the same day. On 7 May 2026 Mr Justice Mould, at an urgent without-notice hearing, granted an injunction under section 187B of the Town and Country Planning Act 1990 against Mr Mongan and two categories of persons unknown. It prohibited bringing caravans, hardcore and similar items onto the land, stationing caravans, residing on the land, construction, installing services, further development and parking plant. On 13 May 2026 Deputy High Court Judge Claire Padley continued the injunction, gave directions and permitted the joinder of Lorna Derrett, who owned a separate nearby parcel. At the return date on 18 June 2026 the council sought continuation. Mr Mongan, supported by evidence that 12 families occupied the plots, argued that Article 8 of the European Convention on Human Rights was engaged by residential occupation before 7 May and asked that the injunction be varied to allow residence pending planning.