Braintree District Council v Secretary of State for the Home Office & Anor [2023] EWHC 1076 (KB) (21 April 2023)

Braintree District Council v Secretary of State for the Home Office & Anor [2023] EWHC 1076 (KB) (21 April 2023)

The court held that section 296A of the Town and Country Planning Act 1990 prohibits the bringing of proceedings or applications for injunctive relief under section 187B against the Crown for enforcement purposes without the consent of the appropriate authority. Therefore, the court has no jurisdiction to grant the injunction sought by Braintree District Council. Even if jurisdiction existed, the proposed development is covered by permitted development rights under Class Q, as the situation constitutes an emergency threatening serious damage to human welfare (homelessness of asylum seekers), and the development would mitigate its effects.

Citation
[2023] EWHC 1076 (KB)
Parties
Claimant: Braintree District Council; First Defendant: Secretary of State for the Home Office; Second Defendant: Secretary of State for Defence
Jurisdiction
England and Wales
Judgment Date
21 April 2023
Procedural Posture
Claim for Injunctive Relief Under Section 187 B Town and Country Planning Act 1990 / Final Hearing (trial)
Outcome
Claim dismissed for want of jurisdiction
Legal Topics
Crown Immunity, Permitted Development Rights, Planning Enforcement, Statutory Interpretation, Emergency Powers
Administrative Law Planning Law Public Law Crown Immunity Permitted Development Rights Planning Enforcement Statutory Interpretation Emergency Powers

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Parties

Braintree District Council

Claimant

Secretary of State for the Home Office

First Defendant

Secretary of State for Defence

Second Defendant

Procedural Posture

Claim for Injunctive Relief Under Section 187 B Town and Country Planning Act 1990 / Final Hearing (trial)

Legal Issues

  1. 1 Whether the court has jurisdiction to grant an injunction under section 187B of the Town and Country Planning Act 1990 against the Crown in light of section 296A
  2. 2 Whether the proposed development is covered by permitted development rights under Class Q of Part 19 to Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015

Ratio Decidendi

The court held that section 296A of the Town and Country Planning Act 1990 prohibits the bringing of proceedings or applications for injunctive relief under section 187B against the Crown for enforcement purposes without the consent of the appropriate authority. Therefore, the court has no jurisdiction to grant the injunction sought by Braintree District Council. Even if jurisdiction existed, the proposed development is covered by permitted development rights under Class Q, as the situation constitutes an emergency threatening serious damage to human welfare (homelessness of asylum seekers), and the development would mitigate its effects.

Court Disposition

Claim dismissed for want of jurisdiction

Orders

  • Application for injunction refused
  • Claim struck out