Buckinghamshire County Council v Sweeney & Ors [2020] EWHC 1811 (QB) (11 June 2020)

Buckinghamshire County Council v Sweeney & Ors [2020] EWHC 1811 (QB) (11 June 2020)

The claimant demonstrated a serious issue to be tried regarding breaches of planning control, damages are not an adequate remedy, and the balance of convenience and proportionality favour granting the interim injunction to preserve the status quo and prevent further unlawful development.

Citation
[2020] EWHC 1811 (QB)
Parties
Claimant: Buckinghamshire County Council; First Defendant: James Joseph Sweeney; Second Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
11 June 2020
Procedural Posture
Injunction Application Under Section 187 B Town and Country Planning Act 1990 / Return Date Hearing for Interim Injunction
Outcome
Interim injunction granted
Legal Topics
Injunctions, Breach of Planning Control, Interim Relief, Town and Country Planning Act 1990
Planning Law Civil Procedure Injunctions Breach of Planning Control Interim Relief Town and Country Planning Act 1990

Case Brief

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Parties

Buckinghamshire County Council

Claimant

James Joseph Sweeney

First Defendant

Persons Unknown

Second Defendant

Procedural Posture

Injunction Application Under Section 187 B Town and Country Planning Act 1990 / Return Date Hearing for Interim Injunction

Legal Issues

  1. 1 Whether an interim injunction should be granted to restrain actual and apprehended breaches of planning control on the land known as The Willows
  2. 2 Whether the requirements for an injunction under section 187B of the Town and Country Planning Act 1990 are satisfied
  3. 3 Whether the balance of convenience and proportionality favour granting the injunction

Ratio Decidendi

The claimant demonstrated a serious issue to be tried regarding breaches of planning control, damages are not an adequate remedy, and the balance of convenience and proportionality favour granting the interim injunction to preserve the status quo and prevent further unlawful development.

Court Disposition

Interim injunction granted

Orders

  • The defendants are restrained from undertaking further development or change of use on the land known as The Willows without planning permission.
  • Liberty to apply provision included for variation or discharge of the order.