Brentwood Borough Council v Thursting & Ors [2020] EWHC 2040 (QB) (27 July 2020)

Brentwood Borough Council v Thursting & Ors [2020] EWHC 2040 (QB) (27 July 2020)

There is a strong prima facie case of apprehended breach of planning control justifying the continuation of the interim injunction in broad terms, including prohibitions on preparatory and anticipatory acts, as necessary and proportionate to protect the public interest in planning control on greenbelt land. The balance of convenience and justice favours the claimant, and the order is clear, justified, and not excessive.

Citation
[2020] EWHC 2040 (QB)
Parties
Claimant: Brentwood Borough Council; First Defendant: Jack Thursting; Second Defendant: Persons Unknown (Undertaking Operational Development on the Land Known as 'Land on the North Side of Chelmsford Road' HM Land Registry Title EX981807 Without a Lawful Planning Consent and/or Seeking to Change the Use of the Land Including a Change in Use to a Gypsy Caravan Site Without Lawful Planning Consent)
Jurisdiction
England and Wales
Judgment Date
27 July 2020
Procedural Posture
Interim Injunction Application Under Section 187 B Town and Country Planning Act 1990 / Return Date Hearing for Continuation of Interim Injunction
Outcome
Interim injunction continued in substance; claimant's costs of the hearing awarded; costs of initial application reserved.
Legal Topics
Interim Injunctions, Planning Control, Greenbelt Land, Enforcement of Planning Law, Persons Unknown Defendants
Planning Law Civil Procedure Interim Injunctions Planning Control Greenbelt Land Enforcement of Planning Law Persons Unknown Defendants

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Parties

Brentwood Borough Council

Claimant

Jack Thursting

First Defendant

Persons Unknown (Undertaking Operational Development on the Land Known as 'Land on the North Side of Chelmsford Road' HM Land Registry Title EX981807 Without a Lawful Planning Consent and/or Seeking to Change the Use of the Land Including a Change in Use to a Gypsy Caravan Site Without Lawful Planning Consent)

Second Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether an interim injunction should be continued to restrain actual or apprehended breaches of planning control on greenbelt land
  2. 2 Whether the injunction should extend to preparatory or anticipatory acts not intrinsically breaches of planning control
  3. 3 Whether the order should be limited in scope or duration

Ratio Decidendi

There is a strong prima facie case of apprehended breach of planning control justifying the continuation of the interim injunction in broad terms, including prohibitions on preparatory and anticipatory acts, as necessary and proportionate to protect the public interest in planning control on greenbelt land. The balance of convenience and justice favours the claimant, and the order is clear, justified, and not excessive.

Court Disposition

Interim injunction continued in substance; claimant's costs of the hearing awarded; costs of initial application reserved.

Orders

  • Defendants prohibited from using or developing the land in breach of planning control, including bringing on hardcore, caravans, mobile homes, or similar accommodation; residing or stationing such accommodation; installing utilities for habitation; constructing buildings or residential accommodation; undertaking...
  • Order replaces previous order of Cutts J dated 17 July 2020.