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In
the
Claim
Form
(CPR
Part
SURREYClaimant
COUNTY COUNCIL,
County
Hall,
Penrhyn
Road,
KT1SurreyKingston-Upon-Thames,
2DN
(1)Defendant(s)
PERSONS
UNKNOWN
OCCUPYING
LAND^
PERSONS
UNKNOWN
DEPOSITING WASTE
OR
FLY-TIPPING
ON
LAND
Does
your
claim
include
any
issues
under
the
Human
Rights
Act 1998^
Yes
No
Details
of^ (^) claim
(see
(^) also
(^) overiea
A
claim
in
Trespass
and^
Nuisance
A (^) claim
in breach
(^) of (^) Planning
(^) Control
under
(^) Section
87B
Town^
Country
(^) Planning
(^) Act
7990
An
injunction
(^) to (^) protect
(^) the
Chobham
Common,^
Chobham, Surrey
Persons
Unknown
Occupying
Land
Persons
Unknown
Depositing Waste
or
Fly-
Tipping
on^
Land
For (^) further details
(^) of (^) the
courts
(^) www.gov.uklfind-court-tribunal.
When
(^) corresponding
(^) with
the^ (^) court,
(^) please
(^) address
(^) forms
(^) or (^) letters
(^) to (^) the (^) Manager
(^) and (^) always
(^) quote the
(^) claim
(^) number
HIGH
COURT
OF
JUSTICE
QUEEN’S
BENCH
DIVISION
for (^) court (^) use (^) only
Claim
(^) No.
Fee (^) Account
No.^
Help
(^) with
(^) Fees
HWF-DDD-
EL
Ret (^) No.
tit^ (^) applicable)
I)efendant’
(^) S
addressname and
£
Court
Fee
Legal
representative’s
Issuecosts
Date
N
(^) claim
(^) form
(^) (IDPR
Part^
(^) 8) (^) (06.16)
Claim
No.
Details
(^) of (^) claim
(continued)
The (^) Claimant owns
(^) Chobham
(^) Common,
(^) Surrey
(^) (“the
(^) Common”).
(^) The
(^) Common
(^) is (^) registered
(^) under
(^) the
following^
Title
Nos.
(^) Title No.
SY
(Common
land
at Chobham),^
Title
No.
SY
(land
on north
east
side (^) of
Windsor
(^) Road)
(^) and
(^) Title
(^) No.
(^) SY676315 (common
(^) land
(^) at (^) Chobham
(^) Common)
The (^) Claimant,
seeks
(^) an (^) interim
(^) and
(^) final
injunction
(^) pursuant
(^) to (^) section
(^) of (^) the
Local
(^) Government
(^) Act
(^1972)
and (^) section
87B
(^) of (^) the (^) Town
(^) and Country
(^) Planning
(^) Act (^1990)
(^) on (^) the Common.
As (^) explained
(^) in (^) the (^) witness
(^) statements
(^) produced
(^) on (^) behalf
(^) of (^) the Claimant,
(^) there have
(^) been
(^) a (^) number
(^) of (^) incidents
of (^) unauthorised
(^) encampments
(^) and
(^) the depositing
(^) of (^) waste,
(^) including
(^) the (^) fly-tipping
(^) of (^) commercial
(^) waste
(^) on (^) the
Common.
The
Borough
fears
further
unauthorised
encampments
on the
Common
by Persons
Unknown
Occupying
(^) Land
(^) and
(^) Persons
(^) Unknown
(^) Depositing
(^) Waste
(^) or (^) Fly-tipping
(^) on (^) Land.
These
(^) unauthorised
(^) encampments
(^) include
large
(^) groups
(^) of (^) Travellers
(^) with
(^) up (^) to (^) 30-
(^) people
(^) and
(^) 20-
(^) vehicles,
mobile
(^) homes
(^) and
(^) caravans.
(^) There are
(^) also
(^) a (^) number
(^) of (^) dogs;
The (^) unauthorised
(^) encampments
(^) have
(^) been
(^) established
(^) on (^) various locations
(^) on (^) the (^) Common,
(^) all (^) of (^) which
(^) belong
to (^) the (^) Claimant.
The witness
statements
provided
by the Claimant
demonstrate
(^) the disruptive
and
harmful
impact
of these
unauthorised
(^) encampments
(^) on the Common^
(^) as (^) well
as^ (^) the health
and safety^
(^) concerns
(^) they
(^) raise.
The^ (^) harm
(^) this
could
(^) cause
(^) to (^) the (^) eco-balance
(^) on (^) the (^) Nature
(^) Reserve.
(^) The
(^) health
(^) risks
to^ (^) the (^) residents
(^) include:
human
(^) and
(^) animal
(^) excrement
(^) left (^) on (^) the Common
(^) from
(^) those
(^) establishing the
(^) encampments;
domestic
(^) waste
(^) strewn
(^) over
(^) the (^) Common;
fire (^) hazards
(^) caused
by^ (^) the
use^ (^) of (^) propane gas
(^) cylinders
(^) in public^
(^) spaces
(^) on (^) the
Common;^
fly-tipping
(^) domestic
(^) and
(^) commercial
(^) waste,
(^) including
(^) vegetation,
(^) waste;
driving
(^) of (^) vehicles over and
(^) across
(^) green
(^) spaces
(^) on (^) the (^) Common.
The (^) unauthorised
(^) encampments
(^) cause
(^) considerable
(^) disruption
(^) to (^) the (^) residents
(^) and citizens
(^) of (^) Surrey.
The (^) fly-tipping
(^) causes
(^) considerable
(^) distress
(^) and
(^) anxiety and
(^) results
(^) in (^) parts
(^) of (^) the (^) Common
(^) used
(^) for (^) recreational
facilities
(^) being
(^) un-usable.
Further considerable
(^) expense
(^) is (^) incurred
(^) in (^) the (^) cleaning
(^) up (^) operations
(^) including
(^) the (^) removal
(^) of (^) untreated human
excrement,
(^) domestic
(^) litter,
(^) general
(^) waste,
(^) gas
(^) cylinders
(^) and
(^) building
(^) waste
(^) and
(^) vegetation
(^) waste.
The (^) unauthorised
(^) encampments
(^) also
(^) cause
(^) considerable
(^) expense
(^) to (^) be (^) incurred
(^) in (^) restoring
(^) the (^) sites
to^ (^) a (^) fit,
hygienic and
(^) safe
(^) level
(^) for (^) usage
(^) by (^) the (^) public.
(^) Further
(^) costs are
(^) incurred
(^) in (^) attempting
(^) to (^) secure
the Common.^
Since
(^) May
(^) 2018,
(^) unknown
(^) persons
(^) have
(^) formed
(^) at (^) least
(^) encampments
(^) on (^) the (^) Common.
To (^) date,
(^) the
(^) Claimant
(^) and
the police
(^) have
been
(^) dealing
(^) with
repeated encampments
through
(^) the
procedures
available
(^) under
(^) Sections
(^) and
(^78) (^) of (^) the (^) Criminal
(^) Justice
(^) and
(^) Public
(^) Order
(^) Act (^) 1994.
(^) These
(^) are (^) reactionary
steps
(^) addressing
(^) the (^) problem after
(^) the (^) encampments
(^) have
(^) been
(^) established
(^) and
(^) after
(^) the (^) fly-tipping
(^) damage
has (^) taken
(^) place.
As (^) demonstrated
(^) by (^) the (^) evidence
(^) filed
(^) in (^) support
(^) of (^) this (^) Claim,
(^) these procedures
(^) have
(^) not (^) acted
(^) as (^) a (^) significant
enough
deterrent
and
as a result
the
Claimants
have located
numerous
barriers
to prevent
access
to the
Common.
Chobham Common Concrete B’ockLocations
ti3paiO Bridc:3y
F?
Co)fCourse Rid — RH
2 Xerid)eway
ii.,
IoxHiS
BrickHI))
I)h.. Chobham Common
AlbryRottorn
ChobhomF’Oce
ChobhtimPlaceWooda ‘.ilndnos‘Roaj
III,i;i.,,H
V,iit5•y Wood -‘ Vtlic’i•cIct•iIi.
Legend
0
cobSifldUIC (nrce’ebock (No Access)
ConcreteCIiiCdnOs Ltniited access)
Noconcrete neck present
Fir Cluitip
PreparedbySurrey Wildtfe Trust Revision^25104119 File Ref C19Q4IOCCNNR Sca)e 1 6000 (A3)
Date 10/04/
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