East Hertfordshire County Council v Mahoney & Ors

East Hertfordshire County Council v Mahoney & Ors

There is evidence that work is being undertaken outside the scope of planning permission; the balance of convenience favours granting relief to prevent unauthorised development, with no exception for completion of water connections without proper consent.

Parties
Applicant: East Hertfordshire County Council; Respondents: Timothy Mahoney & Others
Jurisdiction
England and Wales
Judgment Date
14 September 2020
Procedural Posture
Application for Continuation of Injunction / Inter Partes Hearing Following Ex Parte Injunction
Outcome
Injunction continued with modifications to clarify scope and exceptions.
Legal Topics
Injunctions, Planning Permission, Site Development Scheme, Balance of Convenience
Planning Law Civil Procedure Injunctions Planning Permission Site Development Scheme Balance of Convenience

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Parties

East Hertfordshire County Council

Applicant

Timothy Mahoney & Others

Respondents

Procedural Posture

Application for Continuation of Injunction / Inter Partes Hearing Following Ex Parte Injunction

Legal Issues

  1. 1 Whether works undertaken on the site are outside the scope of current planning permission
  2. 2 Whether the injunction should be continued or modified
  3. 3 Whether exceptions should be made for water supply connections

Ratio Decidendi

There is evidence that work is being undertaken outside the scope of planning permission; the balance of convenience favours granting relief to prevent unauthorised development, with no exception for completion of water connections without proper consent.

Court Disposition

Injunction continued with modifications to clarify scope and exceptions.

Orders

  • Counsel to reformulate the Order to clarify lawful planning consent and movement of vans within plots.
  • Order not to prevent substitution of vans within lawful planning consent.