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 and flagrant breaches of planning control, history of non-compliance, and the ineffectiveness of conventional enforcement, an injunction under s187B TCPA 1990 is necessary, proportionate, and just. The hardship to the defendant is minimal and outweighed by the public interest in enforcing planning control in the green belt.

Citation
[2015] EWHC 3538 (QB)
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
Planning Injunction Application / Judgment on Application for Injunction Under S187 B Town and Country Planning Act 1990
Outcome
Injunction granted as sought by the claimant.
Legal Topics
Injunctions, Breach of Planning Control, Enforcement Notices, Green Belt Policy, Proportionality, Judicial Review
Planning Law Administrative Law Injunctions Breach of Planning Control Enforcement Notices Green Belt Policy Proportionality Judicial Review

Case Brief

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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

Planning Injunction Application / Judgment on Application for Injunction Under S187 B Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether an injunction should be granted under s187B TCPA 1990 to restrain actual and apprehended breaches of planning control on green belt land
  2. 2 Whether the order sought is proportionate and just in all the circumstances

Ratio Decidendi

Given the defendant's persistent and flagrant breaches of planning control, history of non-compliance, and the ineffectiveness of conventional enforcement, an injunction under s187B TCPA 1990 is necessary, proportionate, and just. The hardship to the defendant is minimal and outweighed by the public interest in enforcing planning control in the green belt.

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 to cease all unauthorised trade, business, commercial, industrial, storage or sales use within 56 days.