IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE CAMBRIDGE COUNTY COURT
(HIS HONOUR JUDGE O'BRIEN)
B e f o r e :
(Vice President of the Court of Appeal, Civil Division)
LORD JUSTICE CLARKE
|SOUTH CAMBRIDGESHIRE DISTRICT COUNCIL||Claimant/Appellant|
Smith Bernal Wordwave Limited
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(Official Shorthand Writers to the Court)
The Respondent did not appear and was not represented.
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"Persons unknown (being persons other than those listed in the Schedule to the claim form) proposing to deposit hardcore and/or to station caravans and/or to occupy existing caravans on land at Victoria View, Smithy Fen, Cottenham, Cambridge."
The schedule to the claim form identified 18 individuals, together with the wives of two of them, who are variously associated with 10 of the 11 plots in question. The council seeks an order for service in these terms:
"Service on the Defendants of this application form, the Claim form herein, the accompanying witness statements and any injunction granted by the Court may be effected by leaving such documents in clear plastic envelopes nailed to a stake or gatepost or other prominent location on each of the plots 1-11 Victoria View, Smithy Fen, Cottenham pursuant to CPR 6.8."
"Persons unknown (being persons other than those listed in the Schedule to the claim form) causing or permitting --
Hardcore to be deposited, caravans, mobile homes or other forms of residential accommodation to be stationed, or existing caravans or other mobile homes to be occupied on land at Victoria View, Smithy Fen, Cottenham, Cambridge."
There are, however, furher drafting details to be mastered if the words "residential or any other non-agricultural purpose" have to be accommodated. We will sit again at 2pm to approve the final form of this amendment.
"(1) Where a local planning authority consider it necessary or expedient for any actual or apprehended breach of planning control to be restrained by injunction, they may apply to the court for an injunction, whether or not they have exercised or are proposing to exercise any of their other powers on this Part.
(2) On an application under subsection (1) the court may grant such an injunction as the court thinks appropriate for the purpose of restraining the breach.
(3) Rules of court may provide for such an injunction to be issued against a person whose identity is unknown.
(4) In this section 'the court' means the High Court or the county court."
The procedural rule which governs applications of this kind is to be found in County Court Rule Order 49, which is scheduled to the Civil Procedure Rules. It provides that:
"7(1) An injunction under--
(a) section 187B ... of the Town and County Planning Act 1990 ... may be granted against a person whose identity is unknown to the applicant.
In the following provision of this rule such an injunction against referred to as an injunction under paragraph (1) and the person against whom it is sought is referred to as the respondent.
(2) An applicant for an injunction ... under paragraph (1) shall describe the respondent by reference to-
(a) a photograph;(b) a thing belonging to or in the possession of the respondent; or(c) any other evidence
With sufficient particularity to enable service to be effected, and the form of the claim form used shall be modified accordingly."
Subparagraph (3) relates to the filing of evidence.
"(4) Paragraph (2) is without prejudice to the power of the court to make an order in accordance with CPR Part 6 for service by an alternative method or dispensing with service."
(Agreed Minute of Order received and produced in court at 2pm)