London Borough of Barnet v Adler & Ors

London Borough of Barnet v Adler & Ors

The court found that the breach of planning control caused serious harm to housing supply and local amenity, and that the defendants had ample time to comply. The prospects of success on appeal were not substantial. An injunction was appropriate but suspended until 31 December 2009 to allow for orderly arrangements for pupils, not to await the appeal outcome.

Parties
Claimant: The Mayor and Burgess of the London Borough of Barnet; Defendant: Anthony Joseph Adler; Defendant: Beis Hamadrash Elyon School; Defendant: Teachers at BHES; Defendant: Persons unknown
Jurisdiction
England and Wales
Judgment Date
31 July 2009
Procedural Posture
Civil / Judgment on Application for Injunction
Outcome
Injunction granted, suspended until 31 December 2009
Legal Topics
Injunctions Under Town and Country Planning Act, Enforcement of Planning Control, Proportionality in Injunctive Relief, Hardship and Alternative Arrangements, Noise Nuisance, Loss of Residential Housing
Planning Law Administrative Law Injunctions Under Town and Country Planning Act Enforcement of Planning Control Proportionality in Injunctive Relief Hardship and Alternative Arrangements Noise Nuisance Loss of Residential Housing

Case Brief

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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

Teachers at BHES

Defendant

Persons unknown

Defendant

Procedural Posture

Civil / Judgment on Application for Injunction

Legal Issues

  1. 1 Whether an injunction should be granted to restrain breach of planning control under s 187B Town and Country Planning Act 1990
  2. 2 Whether the breach of planning control causes unacceptable harm to housing supply and living conditions
  3. 3 Whether the injunction should be suspended pending appeal or to allow for orderly arrangements for pupils

Ratio Decidendi

The court found that the breach of planning control caused serious harm to housing supply and local amenity, and that the defendants had ample time to comply. The prospects of success on appeal were not substantial. An injunction was appropriate but suspended until 31 December 2009 to allow for orderly arrangements for pupils, not to await the appeal outcome.

Court Disposition

Injunction granted, suspended until 31 December 2009

Orders

  • Defendants prohibited from using 211 Golders Green Road as a school after 31 December 2009
  • Defendants to make orderly arrangements for pupils' education