New Forest District Council, R (on the application of) v Shutler & Ors [2005] EWHC 3122 (Admin) (15 December 2005)

New Forest District Council, R (on the application of) v Shutler & Ors [2005] EWHC 3122 (Admin) (15 December 2005)

The breach of planning control was flagrant and prolonged, the enforcement notice and planning appeal process had run their course, and the personal hardship to the defendants' family, while significant, did not outweigh the public interest in enforcing planning control. The injunction is just and proportionate, with a six-month suspension to allow alternative arrangements.

Citation
[2005] EWHC 3122 (Admin)
Parties
Claimant: New Forest District Council; Defendant: Colin Shutler; Defendant: Linda Shutler
Jurisdiction
England and Wales
Judgment Date
15 December 2005
Procedural Posture
Application for Injunction Under Section 187 B Town and Country Planning Act 1990 / Judgment After Contested Hearing
Outcome
Injunction granted, suspended for six months; defendants to pay claimant's costs; leave to appeal refused.
Legal Topics
Injunctions, Enforcement of Planning Control, Proportionality, Article 8 ECHR, Discretionary Relief
Planning Law Administrative Law Human Rights Injunctions Enforcement of Planning Control Proportionality Article 8 ECHR Discretionary Relief

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Parties

New Forest District Council

Claimant

Colin Shutler

Defendant

Linda Shutler

Defendant

Procedural Posture

Application for Injunction Under Section 187 B Town and Country Planning Act 1990 / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether an injunction should be granted under section 187B of the Town and Country Planning Act 1990 to restrain breach of planning control
  2. 2 Whether the personal circumstances and health of the defendants' family justify refusal or suspension of injunctive relief
  3. 3 Whether the enforcement notice applies to the altered structure on the land

Ratio Decidendi

The breach of planning control was flagrant and prolonged, the enforcement notice and planning appeal process had run their course, and the personal hardship to the defendants' family, while significant, did not outweigh the public interest in enforcing planning control. The injunction is just and proportionate, with a six-month suspension to allow alternative arrangements.

Court Disposition

Injunction granted, suspended for six months; defendants to pay claimant's costs; leave to appeal refused.

Orders

  • Injunction restraining breach of planning control to come into force on 15 June 2006
  • Defendants to pay claimant's costs, to be assessed if not agreed