Brentwood Borough Council v Thursting & Ors

Brentwood Borough Council v Thursting & Ors

There is a strong prima facie case of apprehended breach of planning control, including preparatory steps, justifying the continuation of the interim injunction in broad terms to prevent unlawful development and use of greenbelt land. The balance of convenience and justice, and the public interest, require the order to be continued, with clarity and breadth to prevent circumvention and ensure effective restraint.

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
Civil (planning Injunction) / Interim Relief (return Date Hearing)
Outcome
Interim injunction continued (order of Cutts J replaced and continued in substance)
Legal Topics
Interim Injunctions, Planning Control, Enforcement of Planning Law, Section 187 B Town and Country Planning Act 1990, Persons Unknown Orders
Planning Law Civil Procedure Interim Injunctions Planning Control Enforcement of Planning Law Section 187 B Town and Country Planning Act 1990 Persons Unknown Orders

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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

Civil (planning Injunction) / Interim Relief (return Date Hearing)

Legal Issues

  1. 1 Whether an interim injunction under section 187B of the Town and Country Planning Act 1990 should be continued against the defendants to restrain actual or apprehended breaches of planning control
  2. 2 Whether the scope of the injunction should extend to actions not intrinsically breaches of planning control
  3. 3 Whether the balance of convenience and justice favours continuation of the order

Ratio Decidendi

There is a strong prima facie case of apprehended breach of planning control, including preparatory steps, justifying the continuation of the interim injunction in broad terms to prevent unlawful development and use of greenbelt land. The balance of convenience and justice, and the public interest, require the order to be continued, with clarity and breadth to prevent circumvention and ensure effective restraint.

Court Disposition

Interim injunction continued (order of Cutts J replaced and continued in substance)

Orders

  • Defendants prohibited from specified activities on the land including bringing on hardcore, caravans, mobile homes, stationing accommodation, residing, bringing portable structures, constructing buildings, installing utilities for habitation, undertaking development without permission, and bringing plant or...
  • Service on persons unknown by posting order at the land entrance deemed sufficient.