Man issued with High Court Injunction
A man has been ordered to stop living in a mobile home illegally placed on his land or face a hefty fine or even prison.
John Henry Caldwell, of Orchard Lodge, Abberley was issued with an injunction by the High Court in Birmingham to stop living in the caravan and to remove it from his land by 31 August this year. The 65 year-old was also told to pay £2,000 in costs at the hearing on Wednesday, 8 June.
Mr Caldwell was originally issued with a planning enforcement notice by Malvern Hills District Council in September 2012. He was told he could not keep the mobile home on site as the land is in open countryside and should only be used for agricultural purposes.
When he failed to comply he was prosecuted and fined £4,000 and ordered to pay £500 in costs by Worcester Magistrates’ Court.
However, Mr Caldwell continued to defy the order which led to the council seeking the injunction. If he fails to comply with the new order he will be guilty of contempt of court and faces up to two years in prison or a hefty fine.
Putting a caravan on the site to live in breaches planning rules designed to protect the countryside and character of the district. Mr Caldwell could have applied for planning permission in a bid to retain the caravan but failed to do so and has not provided any justification for keeping it.
Cllr Melanie Baker, Portfolio Holder for Sustainable Development and Infrastructure on Malvern Hills District Council, said: “While it is regrettable we have had to use the courts to enforce our policies, this shows we are willing to pursue these cases for as long as is necessary in order to protect the countryside which we know our residents value.”