South Cambridgeshire District Council v Fleet Sother Cooke (aka Paul Sanderson) & Anor [2015] EWHC 3538 (QB) (04 December 2015)

South Cambridgeshire District Council v Fleet Sother Cooke (aka Paul Sanderson) & Anor [2015] EWHC 3538 (QB) (04 December 2015)

Given the defendant's persistent, flagrant, and prolonged breaches of planning control, the ineffectiveness of conventional enforcement, and the absence of significant hardship outweighing the public interest, an injunction under s187B TCPA 1990 is necessary, proportionate, and just to restrain further breaches and restore lawful use of the land.

Citation
[2015] EWHC 3538
Parties
Claimant: South Cambridgeshire District Council; First Defendant: Fleet Sother Cook (aka Paul Sanderson); Second Defendant: Administrators of the Estate of Freda Cook (deceased)
Jurisdiction
England and Wales
Judgment Date
04 December 2015
Procedural Posture
Injunction Application Under S187 B Town and Country Planning Act 1990 / Judgment After Contested Application, Defendants Not Present or Represented
Outcome
Injunction granted as sought by the claimant.
Legal Topics
Injunctions, Breach of Planning Control, Enforcement Notices, Green Belt Policy, Judicial Review, Proportionality
Planning Law Administrative Law Injunctions Breach of Planning Control Enforcement Notices Green Belt Policy Judicial Review Proportionality

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Parties

South Cambridgeshire District Council

Claimant

Fleet Sother Cook (aka Paul Sanderson)

First Defendant

Administrators of the Estate of Freda Cook (deceased)

Second Defendant

Procedural Posture

Injunction Application Under S187 B Town and Country Planning Act 1990 / Judgment After Contested Application, Defendants Not Present or Represented

Legal Issues

  1. 1 Whether an injunction should be granted under s187B TCPA 1990 to restrain breaches of planning control on green belt land
  2. 2 Whether the order sought is proportionate and just in all the circumstances
  3. 3 Whether the defendant's personal circumstances or hardship outweigh the public interest in enforcement

Ratio Decidendi

Given the defendant's persistent, flagrant, and prolonged breaches of planning control, the ineffectiveness of conventional enforcement, and the absence of significant hardship outweighing the public interest, an injunction under s187B TCPA 1990 is necessary, proportionate, and just to restrain further breaches and restore lawful use of the land.

Court Disposition

Injunction granted as sought by the claimant.

Orders

  • Defendant forbidden from causing or permitting any development or material change of use on the land in breach of planning control.
  • Defendant forbidden from using the land for any non-residential or non-agricultural purpose without express planning permission.