North West council secures extension to ‘persons unknown’ injunction prohibiting unauthorised encampments

Rochdale Metropolitan Borough Council has secured a renewed injunction against persons unknown who might set up unauthorised encampments in its area.

Mr Justice Garnham, sitting in the High Court, granted a 12 months extension of injunctions against persons unknown - being members of the travelling community who have unlawfully encamped within the borough - and separately against persons unknown forming unauthorised encampments in the borough.

An injunction granted in June 2024 binds 56 named defendants until 7 June 2029 but the orders against persons unknown had been due to expire on 8 June.

Rochdale told the court it had selected 334 sites to which the injunctions applied, which were frequently targeted by unauthorised encampments.

The judge said there was value in identifying whether there has been any material change of circumstances but there must then be a focus on the requirements set out in the Wolverhampton case.

Garnham J said: “First, there has been some significant reduction in the occurrence of unauthorised encampments. But I entirely agree with the submission of [the council] that the reduction in the threat is not evidence that the threat has dissipated, but evidence that the injunction is having its intended effect.”

He said there had also been a change in the availability of authorised pitches in the borough, with a shortfall of five, but the council said it had identified sites to meet this.

Garnham J said: “In my judgment there has been no material change of circumstance that requires change to, or discharge of, the injunction. The risk of the formation of unauthorised encampments and resulting harm persists.”

He concluded: “it is just and convenient to grant the injunctive relief sought.”

Mark Smulian