South Cambridgeshire District Council v Persons Unknown

The court is empowered by statute and rules to grant injunctions against persons unknown for breaches of planning control and to direct alternative methods of service where necessary.

Parties: Claimant/appellant: South Cambridgeshire District Council; Defendants/respondents: Persons Unknown
Jurisdiction: England and Wales
Judgment Date: 17 September 2004
Procedural Posture: Civil Appeal / Appeal From County Court Decision
Outcome: Appeal allowed
Legal Topics: Injunctions Against Persons Unknown, Service of Process, Enforcement of Planning Control

Planning Law Civil Procedure Injunctions Against Persons Unknown Service of Process Enforcement of Planning Control

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2

Parties

South Cambridgeshire District Council

Claimant/appellant

Persons Unknown

Defendants/respondents

Procedural Posture

Civil Appeal / Appeal From County Court Decision

Legal Issues

1 Whether the court has power to grant an injunction against persons unknown under section 187B of the Town and Country Planning Act 1990
2 Proper identification and service of process on persons unknown in planning enforcement

Ratio Decidendi

The court is empowered by statute and rules to grant injunctions against persons unknown for breaches of planning control and to direct alternative methods of service where necessary.

Court Disposition

Appeal allowed

Orders

Injunction granted against persons unknown as amended by the court
Directions for alternative service by posting documents on the relevant plots