London Borough of Hackney v Shiva Ltd & Ors

London Borough of Hackney v Shiva Ltd & Ors

There is a serious issue to be tried as to whether the installation of 'Sharks!' constitutes a material change of use requiring planning permission. The balance of convenience favours continuation of prohibitory and mandatory injunctive relief, limited to the installation of 'Sharks!', pending resolution of the planning process. The claimant acted justifiably and expeditiously, and there was no material non-disclosure. The scope of the injunction is narrowed to the specific installation and does not extend to unknown persons or other activities.

Parties
Claimant: The Mayor and Burgesses of the London Borough of Hackney; First Defendant: Shiva Limited; Second Defendant: Antepavilion Limited; Third Defendant: The Architecture Foundation Limited; Fourth Defendant: Barker Shorten Architects LLP; Fifth Defendant: Persons Unknown Effecting the Material Change of Use of the Regents Canal for the Display of Art Installations Without the Benefit of Planning Permission; Sixth Defendant: Persons Unknown Causing or Permitting the Unauthorised Material Change of Use of the Land to a Mixed Use Including for the Display of Art Installations Without the Benefit of Planning Permission
Jurisdiction
England and Wales
Judgment Date
18 September 2020
Procedural Posture
Civil (planning Injunction) / Interim Application for Continuation and Variation of Injunction
Outcome
Interim and mandatory injunction continued and varied; scope narrowed to prohibit installation of 'Sharks!' pending planning outcome; mandatory removal of existing sharks ordered; further hearing listed to finalise scope and consequential matters.
Legal Topics
Injunctions, Material Change of Use, Planning Enforcement, Conservation Areas, Listed Buildings, Freedom of Expression
Planning Law Local Government Law Civil Procedure Injunctions Material Change of Use Planning Enforcement Conservation Areas Listed Buildings +1 more

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Parties

The Mayor and Burgesses of the London Borough of Hackney

Claimant

Shiva Limited

First Defendant

Antepavilion Limited

Second Defendant

The Architecture Foundation Limited

Third Defendant

Barker Shorten Architects LLP

Fourth Defendant

Persons Unknown Effecting the Material Change of Use of the Regents Canal for the Display of Art Installations Without the Benefit of Planning Permission

Fifth Defendant

Persons Unknown Causing or Permitting the Unauthorised Material Change of Use of the Land to a Mixed Use Including for the Display of Art Installations Without the Benefit of Planning Permission

Sixth Defendant

Procedural Posture

Civil (planning Injunction) / Interim Application for Continuation and Variation of Injunction

Legal Issues

  1. 1 Whether the installation of 'Sharks!' constitutes a material change of use requiring planning permission
  2. 2 Whether interim and mandatory injunctive relief should be continued or granted
  3. 3 Whether the balance of convenience favours the grant of injunctive relief

Ratio Decidendi

There is a serious issue to be tried as to whether the installation of 'Sharks!' constitutes a material change of use requiring planning permission. The balance of convenience favours continuation of prohibitory and mandatory injunctive relief, limited to the installation of 'Sharks!', pending resolution of the planning process. The claimant acted justifiably and expeditiously, and there was no material non-disclosure. The scope of the injunction is narrowed to the specific installation and does not extend to unknown persons or other activities.

Court Disposition

Interim and mandatory injunction continued and varied; scope narrowed to prohibit installation of 'Sharks!' pending planning outcome; mandatory removal of existing sharks ordered; further hearing listed to finalise scope and consequential matters.

Orders

  • Order of Johnson J dated 20 August 2020 discharged.
  • First, Second and Fourth Defendants prohibited from displaying 'Sharks!' installation on the land or canal until planning consent is granted or further order.