The unlawful siting of caravans result in a suspended sentence

A recent case concerning the siting of caravans or mobile homes on a plot of land within South Downs National Park (SDNP) [i] acts as an important reminder as to the criminal consequences of breaching planning controls. 

In May 2018, Winchester City Council secured a permanent injunction prohibiting the stationing of caravans, and the use of any vehicle or structure for residential purposes and any operational development on the site without the express grant of planning permission. The injunction was endorsed with a penal notice warning of committal for contempt if the defendant did not comply. 

The defendant continued to reside on the land and maintain caravans in deliberate breach of the injunction. In court proceedings in 2021, Cavanagh J emphasised the importance of planning controls being observed, as a failure would result in the planning system “crashing down if individuals can simply ignore planning constraints”. [ii] 

The defendant was then sentenced to one-month imprisonment, suspended for two years on condition that the sentence would not be activated if, during that period, the defendant did not commit any further breaches or enter the land. 

However, the defendant soon violated the court order by placing two caravans on the property and residing in them in April 2023. The SDNP Authority pursued matters through the courts claiming the defendant had committed five breaches of the injunction during 2023 and 2024. 

Earlier this year, the court once again found that the defendant’s actions were deliberate and undertaken despite receiving repeated written warnings and a verbal reminder. As a result, the judge handed down a four-month prison sentence suspended for four years on the condition that there would be no further breaches of the injunction.

In conclusion, the sentence reflects a recognition of the seriousness of breaches of planning control, acknowledging the need for punitive measures to deter future violations. Although the suspended nature of the sentence, may suggest a level of leniency, particularly given the defendant’s flagrant breaches.  

[i] South Downs National Park Authority v Deroubaix [2025] 3 WLUK 560

[ii] Winchester City Council Claimant V Clara Kim Deroubaix and Luke Deroubaix [2021] EWHC 1118 (QB) [77]