Interim junction granted over Gypsy caravan site near Whitehall Park in Darwen
A judge has ruled that an interim injunction should be granted prohibiting any further works to land at Hall Moss Farm – close to Whitehall Park in Darwen.
The landowner at Hall Moss Farm – close to Whitehall Park – was seeking a change of use from agriculture to a Gypsy caravan site, including six plots – each with a static and two mobile caravans.
In addition, the application also sought permission for a utility block, porous stone hard standing and associated fencing.
Blackburn with Darwen Council launched enforcement action against the landowner there when unlawful work first started in 2024 and has been reviewing the site closely ever since.
The land is designated as open countryside with a legal use of agriculture.
The landowner there is seeking a retrospective change of use from agriculture to a Gypsy caravan site.
An interim injunction was sought following continued evidence of breaches of a Full Stop Notice served by the Council. Full details can be found below.
A breach of the interim injunction could result in an unlimited fine or a custodial of up to two years in prison.
A spokesperson for Blackburn with Darwen Council said: “This is an unlawful use of the land at Hall Moss Farm and a matter we are taking extremely seriously – using every power available to us as a Council.
“This includes the court action we have taken today and the request for an interim injunction to prohibit any further works, which is exceptional due to the continued number of breaches of our Full Stop Notice.”
They added: “Of course, this is a complex case and requires significant resources from right across the Council and from our partners too.
“We welcome this decision today and will continue to review the enforcement proceedings on the advice of our legal advisors.”
Blackburn with Darwen Council applied to Manchester Civil Justice Centre for a temporary injunction due to ongoing breaches of building control at the site.
The emergency hearing took place on Tuesday, July 22.
Due to serious concerns regarding the unauthorised development of the land, the Council first issued a Temporary Stop Notice in May 2024.
That was replaced by a Full Stop Notice and Enforcement Notice in July that year.
The Full Stop Notice prevents all engineering works, including the provision of utility services (water, electricity, etc.), the importing and depositing of waste material for hard services, while preventing the unlawful residential use of the land there, requiring the removal of all caravans and associated works.
The Enforcement Notice sets out that the land must be returned to the condition it was before. Legally, the Council must give an appropriate amount of time to allow this to happen.
Following an appeal by the landowner, the Planning Inspector upheld the Council’s Enforcement Notice.
However, the nine months that had originally been allowed from July 2024 has been extended to eleven months from February this year, when the Planning Inspector upheld the Enforcement Notice.
Following Blackburn with Darwen Council’s decision to refuse the application, an appeal was lodged with the Planning Inspectorate.
After careful consideration, the Inspector has decided that it should be determined on the basis of a hearing.
The public hearing will now take place on Tuesday, September 16, at Blackburn Town Hall, starting at 10am.
Full details of the application and the enforcement action can be found HERE.