London Borough of Barnet v Adler & Ors [2009] EWHC 2012 (QB) (31 July 2009)

London Borough of Barnet v Adler & Ors [2009] EWHC 2012 (QB) (31 July 2009)

The court held that there was an admitted and continuing breach of planning control by use of 211 Golders Green Road as a school. The planning history, including the inspector's decision and subsequent refusal of planning permission, established that the harm to housing supply and residential amenity outweighed any community benefit. Noise reports submitted by the defendants did not displace the findings of unacceptable impact. The court found no exceptional circumstances to justify refusing an injunction. The balance of hardship did not favour the defendants, and the public interest in upholding planning control prevailed. Accordingly, an injunction was granted.

Citation
[2009] EWHC 2012
Parties
Claimant: The Mayor and Burgess of the London Borough of Barnet; Defendant: Anthony Joseph Adler; Defendant: Beis Hamadrash Elyon School; Defendant: Third Defendant (teacher at BHES); Defendant: Fourth Defendant (teacher at BHES); Defendant: Persons unknown
Jurisdiction
England and Wales
Judgment Date
31 July 2009
Procedural Posture
Planning Enforcement/injunction / Application for Injunction at First Instance
Outcome
Injunction granted
Legal Topics
Enforcement of Planning Control, Injunctions Under Town and Country Planning Act 1990 S187 B, Change of Use (residential to School), Noise Nuisance, Loss of Housing Supply, Discretion in Granting Injunctions
Planning Law Local Government Law Administrative Law Enforcement of Planning Control Injunctions Under Town and Country Planning Act 1990 S187 B Change of Use (residential to School) Noise Nuisance Loss of Housing Supply +1 more

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Parties

The Mayor and Burgess of the London Borough of Barnet

Claimant

Anthony Joseph Adler

Defendant

Beis Hamadrash Elyon School

Defendant

Third Defendant (teacher at BHES)

Defendant

Fourth Defendant (teacher at BHES)

Defendant

Persons unknown

Defendant

Procedural Posture

Planning Enforcement/injunction / Application for Injunction at First Instance

Legal Issues

  1. 1 Whether the court should grant an injunction under s187B Town and Country Planning Act 1990 to restrain continued unauthorised use of residential premises as a school
  2. 2 Whether the court should exercise its discretion to refuse an injunction despite admitted breach of planning control
  3. 3 Whether the harm to housing supply and amenity outweighs any community benefit of the school use

Ratio Decidendi

The court held that there was an admitted and continuing breach of planning control by use of 211 Golders Green Road as a school. The planning history, including the inspector's decision and subsequent refusal of planning permission, established that the harm to housing supply and residential amenity outweighed any community benefit. Noise reports submitted by the defendants did not displace the findings of unacceptable impact. The court found no exceptional circumstances to justify refusing an injunction. The balance of hardship did not favour the defendants, and the public interest in upholding planning control prevailed. Accordingly, an injunction was granted.

Court Disposition

Injunction granted

Orders

  • The defendants are restrained from using 211 Golders Green Road as a school in breach of planning control.
  • The defendants must cease the unauthorised use by a specified date.