How was an illegal development cleared so quickly?

BBC A crowd of people stands beside a road watching a white truck and construction machinery. Several people are holding up mobile phones to record the scene, while trees and roadside signs are visible in the backgroundBBC
Vehicles were cleared from the Sawbridgeworth site on bank holiday Monday

As most of the country downed tools on Friday evening for the bank holiday weekend, a group of people picked up tools and moved diggers on to open space in a quiet town in Hertfordshire.

They did not have planning permission.

When the same has happened elsewhere in recent months, it has taken weeks to halt the builders and get the site cleared.

But by Monday, in Sawbridgeworth, the diggers had left and the work had stopped.

Why did it all happen so quickly?

What happened?

Two police officers stand beside a fenced-off site displaying notices and maps. Behind the fence, people are visible on a gravelled area, while trees and screening netting border the site.
The police arrived at the site when residents reported that work was still going on

On Saturday, people living near Sheering Mill Lane, a stone's throw from the Essex border, woke up to discover that lorries and construction equipment had arrived at a field known for its rich diversity of wildlife.

After receiving reports from residents, East Herts District Council obtained a Temporary Stop Notice at about 10:45 BST.

The construction work continued.

Next, the council applied to the High Court for an interim injunction which was served at about 22:30 BST.

Still the construction work continued.

The council went to court again two days later to get the injunction changed so the police could arrest anyone who ignored it.

Just after midnight, the new order was served, the construction stopped and the vehicles were driven away.

How does that compare with elsewhere?

Aerial view of a large gravelled site laid out in a grid pattern within open countryside. Caravans, vehicles and a small number of buildings are spread across individual plots, with access roads running between them and fields and trees surrounding the site.
Work started in this village near Luton just before the Easter weekend

On Thursday 2 April, Dacorum Borough Council was told that building work had started on farmland near Friendless Lane in Flamstead.

Again, there was no planning permission.

The work continued into the bank holiday weekend, with hardstanding being created and travellers' caravans arriving.

The council served a temporary stop notice at 16:40 BST on 4 April, and obtained an injunction which was served on Sunday afternoon.

Work continued on the ground, and it was not until 22 July that a final injunction was granted by the court, giving the occupants a month to move off the land.

The site was finally cleared on 24 August, almost five months after the stop notice was served.

Why was the site cleared more quickly in Sawbridgeworth?

University of Hertfordshire A professional head-and-shoulders portrait of a person with long dark hair, wearing a dark blazer over a light-coloured top. The photograph was taken indoors against a softly blurred office background with glass panels and muted colours.University of Hertfordshire
Law lecturer Shamila O'Reilly said the power to arrest could be enforced in an injunction if there was a risk of harm to residents

Both the Sawbridgeworth and Flamstead incidents took place on a bank holiday and on land without planning permission.

In both cases stop notices and injunctions were ignored.

But East Herts had something that Dacorum did not: An injunction backed by the power of arrest.

Shamila O'Reilly, a principal lecturer at the University of Hertfordshire, said this power could be obtained by showing "the respondent has engaged or threatens to engage in threatening or violent behaviour, or [that] otherwise there is a significant risk of harm to people from the respondent".

"The local residents did turn out on mass to actually peacefully protest against the unauthorised building and there could be a risk of significant harm to them," she explained.

At the High Court, Mr Justice Coppel found there had been serious verbal abuse of a Sawbridgeworth resident by someone on the site, who was reported to have used a very offensive term to describe a Jewish person and added: "I am going to follow you home and burn your house down".

Those working on the site had also threatened residents with a "brigade" of 200 people who would come down to "secure access", he continued.

Coppel decided that residents would be "at risk of harm from multiple heavy vehicles moving to and from the land".

The "flagrant breaches of the injunction" were also a factor in the judge's decision-making.

It seems the power of arrest was enough to persuade people to leave the site, as no-one was actually detained by police.

How was this achieved during a bank holiday weekend?

Temporary stop notice documents attached to a metal fence at an unauthorised development site off Sheering Mill Lane, Sawbridgeworth, with a map of the affected land visible alongside the notices
The council's planning and legal teams worked through the weekend to issue notices

Simon Kiely, a partner at Sharpe Pritchard LLP, the solicitor firm which worked with the council, said there were several factors that ensured the council was successful.

He said the council's planning enforcement officers "went above and beyond" by "attending late on the Saturday evening and very early on the Monday morning to serve orders".

Kiely added that they had support from the county council, police and local community activists who kept watch.

The council received "an exceptional service from the High Court's out of hours team, with a dedicated judge and clerk available every day across the bank holiday weekend".

A team of lawyers, including a "very experienced barrister", helped to prepare the paperwork and manage the injunction process, he explained.

Could other councils learn from this?

Eric Buckmaster wearing glasses and a light-coloured buttoned shirt stands in front of a fenced gravel site, speaking to camera. Trees, open ground and a caravan are visible in the background under a partly cloudy sky.
Conservative Eric Buckmaster said the way the issue was dealt with was an example of "best practice"

One of Sawbridgeworth's Conservative councillors, Eric Buckmaster, believes other authorities should adopt East Hertfordshire's approach.

He said the police were filming breaches of the injunction on Sunday: "We then had the evidence to take to another judge so it then became an arrestable offence.

"This is an example of best practice because we've actually demonstrated it isn't worth your while doing this [breaching injunctions]."

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