Defendant who ignored planning injunctions handed suspended sentence

The High Court has sentenced a woman to four months in jail, suspended for four years, after ignoring two consecutive injunctions prohibiting her from parking a caravan on a site in the South Downs National Park.

In handing down the sentence, Judge Dunne KC, sitting as a Deputy High Court Judge, said the defendant had failed to heed numerous warnings by Winchester City Council that she was in breach of an injunction.

The defendant, Lara Kim Derouvaix, was first ordered to stop siting caravans on the land in Soberton, Hampshire, under an injunction issued by Mr Justice Foskett in 2018.

In a prosecution sought by Winchester in 2021, Mr Justice Kavanagh concluded that Derouvaix deliberately breached the court order, and continued to live in and to maintain caravans and other structures on the land despite the injunction.

Kavanagh J sentenced her to 1 month's imprisonment, suspended for 2 years.

Deroubaix then breached the injunction for a second time, siting two caravans on the site in April 2023, leading the national park authority to pursue the matter through the courts for a second time.

In the second case, the High Court heard that Deroubaix continued to breach the injunction despite being handed three written warnings and a verbal reminder.

Deroubaix apologised to the court for her actions during proceedings, the authority reported.

The judge awarded the national park authority its costs of £14,945, alongside the suspended sentence.

Tim Slaney, Director of Planning at the South Downs National Park Authority, said the case was an example of "strong partnership working" with Winchester City Council.

Slaney added: "The National Park is a very special landscape that has been designated for the benefit of the entire nation because of its natural beauty, wildlife and cultural heritage.

"Without a planning system that everyone adheres to, it could be harmed by any number of illegal developments and would cease to be a special place for people to live, work and enjoy."

Cllr Jackie Porter, Cabinet Member for Place and Local Plan, Winchester City Council, meanwhile said: "Working in partnership with the Park, we would always try and resolve matters without enforcement action of this type, but sadly on this occasion we were left with no choice, due to the continued disregard of this precious and protected landscape, to pursue this matter in the courts.

"I want to personally thank officers for their hard work – spanning a number of years on this case. I hope this sends a clear message that we are fully prepared to act for our partner authorities and use all measures available to protect the South Downs."

Adam Carey