Approved Judgment
iii)
The justification for its continuance;
iv)
Whether any grounds for discharge have emerged;
v)
The basis on which any further order ought to be made; and
vi)
The other Wolverhampton requirements.
(i)
Any material change in circumstances?
54. In the run of first instance cases discussed above, there is frequent reference to the need for there to be no material change in circumstances if an injunction against persons unknown to is to be continued. It may well be that that expression is used to encompass the points made in [225] of the Wolverhampton case. 55. In my judgment, there is indeed value in identifying whether there has been any material change of circumstances but there must then be focus on the requirements set out in the Wolverhampton case. 56. Two potential changes of circumstances are mooted. 57. First, there has been some significant reduction in the occurrence of unauthorised encampments. But I entirely agree with the submission of Ms Pratt that the reduction in the threat is not evidence that the threat has dissipated, but evidence that the Injunction is having its intended effect. 58. Second, there is one change of circumstance from June 2024 to which, very properly, the Claimant drew expressly to the Court’s attention, although it is submitted it is not material to the continuation of the Injunction. That change concerns the availability of pitches in the Borough. 59. As noted above, in December 2024, the GMGTAA was updated to take into account the new expanded definition of Gypsies and Travellers. Following that update, the Claimant requires a further five permanent pitches to meet the assessed need. In consequence, there is currently a five-pitch shortfall. However, in 2025, the Council has identified and “lined up” two sites that can provide six pitches to meet the shortfall. I accept that in those circumstances the shortfall in supply of permanent pitches was only temporary, and steps have been and are being taken to meet the shortfall. 60. In any event, this assessed need relates to pitches for permanent (or seasonal/semi- permanent) residence by members of the Travelling community (ie. those who are settled, or wish to settle, in the Borough). The Injunction being sought, on the other hand, is intended to apply to those persons who are transiting through the Borough, forming temporary encampments in inappropriate and harmful places, and/or undertaking harmful activities such as fly-tipping. There is no evidence that the Borough is experiencing unauthorised encampments because it has a shortfall of permanent pitches. 61. In my judgment there has been no material change of circumstance that requires change to, or discharge of, the Injunction. The risk of the formation of unauthorised encampments and resulting harm persists.
37
Made with FlippingBook interactive PDF creator