South Cambridgeshire District Council v Fleet Sother Cooke (aka Paul Sanderson) & Anor

South Cambridgeshire District Council v Fleet Sother Cooke (aka Paul Sanderson) & Anor

Persistent and flagrant breaches of planning control, failed enforcement, and minimal hardship to the defendant justify the grant of a proportionate injunction under s187B TCPA 1990.

Parties
Claimant: South Cambridgeshire District Council; Defendant: Fleet Sother Cook (aka Paul Sanderson); Defendant: Administrators of the Estate of Freda Cook (deceased)
Jurisdiction
England and Wales
Judgment Date
04 December 2015
Procedural Posture
Injunction Application Under S187 B Town and Country Planning Act 1990 / Final Judgment
Outcome
Injunction granted as sought by the claimant.
Legal Topics
Injunctions, Breach of Planning Control, Green Belt Land, Enforcement Notices, Judicial Review
Planning Law Administrative Law Injunctions Breach of Planning Control Green Belt Land Enforcement Notices Judicial Review

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Parties

South Cambridgeshire District Council

Claimant

Fleet Sother Cook (aka Paul Sanderson)

Defendant

Administrators of the Estate of Freda Cook (deceased)

Defendant

Procedural Posture

Injunction Application Under S187 B Town and Country Planning Act 1990 / Final Judgment

Legal Issues

  1. 1 Whether an injunction should be granted to restrain actual and apprehended breaches of planning control under s187B TCPA 1990
  2. 2 Whether the defendant's personal hardship outweighs the public interest in enforcing planning controls

Ratio Decidendi

Persistent and flagrant breaches of planning control, failed enforcement, and minimal hardship to the defendant justify the grant of a proportionate injunction under s187B TCPA 1990.

Court Disposition

Injunction granted as sought by the claimant.

Orders

  • Defendant forbidden from causing or permitting any development or material change of use on the land in breach of planning control.
  • Defendant forbidden from using the land for any trade, business, commercial, industrial, storage or sales use without express planning permission.