Tandridge District Council v Brien & Ors [2026] EWHC 547 (KB) (09 March 2026)

Tandridge District Council v Brien & Ors [2026] EWHC 547 (KB) (09 March 2026)

An injunction is necessary and proportionate to restrain ongoing and apprehended breaches of planning control on Green Belt land, given the flagrant and significant harm, the inadequacy of the Defendants' evidence regarding hardship and alternative accommodation, the invalidity of the planning application, and the Council's compliance with welfare and equality duties. The terms of the injunction are tailored to the minimum necessary, and the requirements for orders against Persons Unknown are satisfied.

Citation
[2026] EWHC 547 (KB)
Parties
Claimant: Tandridge District Council; First Defendant: Mr John Brien; Second Defendant: Mr Patrick Brien; Third Defendant: Persons Unknown (owners/occupiers of caravans or other forms of residential occupation situated on or being brought onto the land without a lawful planning consent or changing the use of the land without lawful planning consent); Fourth Defendant: Persons Unknown (bringing caravans onto the land or attempting to bring caravans onto the land)
Jurisdiction
England and Wales
Judgment Date
09 March 2026
Procedural Posture
Claim for Injunctive Relief Under S.187 B Town and Country Planning Act 1990 / Final Hearing
Outcome
Injunction granted against all Defendants, including Persons Unknown, with a two-month compliance period.
Legal Topics
Injunctions, Breach of Planning Control, Green Belt Protection, Article 8 ECHR, Public Sector Equality Duty, Persons Unknown Orders
Planning Law Human Rights Law Local Government Law Injunctions Breach of Planning Control Green Belt Protection Article 8 ECHR Public Sector Equality Duty +1 more

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Parties

Tandridge District Council

Claimant

Mr John Brien

First Defendant

Mr Patrick Brien

Second Defendant

Persons Unknown (owners/occupiers of caravans or other forms of residential occupation situated on or being brought onto the land without a lawful planning consent or changing the use of the land without lawful planning consent)

Third Defendant

Persons Unknown (bringing caravans onto the land or attempting to bring caravans onto the land)

Fourth Defendant

Procedural Posture

Claim for Injunctive Relief Under S.187 B Town and Country Planning Act 1990 / Final Hearing

Legal Issues

  1. 1 Whether final injunctive relief is necessary and proportionate under s.187B TCPA 1990
  2. 2 Whether the interests of children and Article 8 ECHR rights have been adequately considered
  3. 3 Whether an injunction should be granted against Persons Unknown

Ratio Decidendi

An injunction is necessary and proportionate to restrain ongoing and apprehended breaches of planning control on Green Belt land, given the flagrant and significant harm, the inadequacy of the Defendants' evidence regarding hardship and alternative accommodation, the invalidity of the planning application, and the Council's compliance with welfare and equality duties. The terms of the injunction are tailored to the minimum necessary, and the requirements for orders against Persons Unknown are satisfied.

Court Disposition

Injunction granted against all Defendants, including Persons Unknown, with a two-month compliance period.

Orders

  • Prohibition of occupation and development of the land in breach of planning control as specified in the draft order.
  • Injunction against Persons Unknown limited to five years with annual review.