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 as the local authority acts in the public interest, and the balance of convenience favours maintaining the status quo and preventing further unlawful development; therefore, an interim injunction is granted.

Citation
[2020] EWHC 1811
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
Interim Injunctions, Breach of Planning Control, Section 187 B TCPA 1990, Temporary Stop Notice, Balance of Convenience
Planning Law Civil Procedure Interim Injunctions Breach of Planning Control Section 187 B TCPA 1990 Temporary Stop Notice Balance of Convenience

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 under section 187B TCPA 1990
  2. 2 Whether the balance of convenience favours granting the injunction
  3. 3 Whether damages are an adequate remedy

Ratio Decidendi

The claimant demonstrated a serious issue to be tried regarding breaches of planning control, damages are not an adequate remedy as the local authority acts in the public interest, and the balance of convenience favours maintaining the status quo and preventing further unlawful development; therefore, an interim injunction is granted.

Court Disposition

Interim injunction granted

Orders

  • Defendants are restrained from carrying out further development or change of use on the land without planning permission.
  • Liberty to apply provision included for variation or discharge of the order.