Somerset Council has welcomed a High Court ruling granting a final injunction in relation to the unauthorised residential occupation and development of land at Oxen Lane, North Curry.
The judgment marks a significant milestone in a long-running case that has been the subject of planning, enforcement action, legal proceedings and considerable local concern.
The site was reoccupied in October 2024 and subsequently developed as a residential traveller site without planning permission. Since then, the Council has pursued both planning and legal action to address the unauthorised development, while following the legal processes required by the courts and planning system.
Earlier this year, the Planning Inspector dismissed an appeal against Somerset Council’s refusal of retrospective planning permission for the site. The High Court has now ruled in the Council’s favour, granting a final injunction to secure compliance and reinstatement of the land after detailed consideration of the importance of the site, the material circumstances and the impact on those affected through the planning application and public inquiry.
The Court concluded that, after considering all the circumstances of the case, including the impact on those living on the site, the Council’s enforcement action was justified and proportionate
The injunction requires the cessation of the unauthorised residential use of the land and the removal of associated unauthorised development. The Court has allowed a three-month period for residents to leave the site and four months for associated development and waste to be removed and the land reinstated.
Councillor Mike Rigby, Somerset Council’s Lead Member for Economic Development, Planning and Assets, said:
“This has been a long-running and complex case, and we recognise that residents have been frustrated by the length of time it has taken to reach this point.
“However, throughout this process the Council has been required to follow both planning law and the legal processes set by the courts. We could not bypass those procedures, regardless of the strength of local feeling.
“Since the site was reoccupied, we have pursued planning enforcement action, secured an interim injunction, defended the refusal of planning permission through the appeals process and sought a final ruling from the High Court.
“The Planning Inspector dismissed the appeal against the Council’s decision and the High Court has now granted a final injunction in our favour.
“We welcome the Court’s judgment, which recognises the importance of upholding planning controls while carefully considering the circumstances of those living on the site.
“This issue has taken up a considerable amount of the council’s capacity with planning enforcement and we are grateful for the community’s patience and the hard work of the officers involved with this complex case.
“We will now work with all relevant agencies to implement the Court’s order and bring this long-running matter to a lawful conclusion.”
Notes to editors
Picture credit:
- The High Court granted a final injunction to Somerset Council on 16 September 2026.
- The ruling relates to land adjoining Oxen Lane, North Curry.
- A planning appeal relating to the site was dismissed on 1 June 2026.
- The Court ordered a three-month compliance period for cessation of residential occupation and a four-month period for removal of development and reinstatement of the land.
