Forest of Dean District Council v Wildin [2018] EWHC 2811 (QB) (26 October 2018)

Forest of Dean District Council v Wildin [2018] EWHC 2811 (QB) (26 October 2018)

The building is not permitted development as it has more than one storey, as found by the inspector and confirmed by the court. The defendant has persistently failed to comply with the enforcement notice and will not do so voluntarily. The adverse impacts on the defendant and his partner do not outweigh the strong public interest in enforcing planning control. Granting the injunction is proportionate and justified in all the circumstances.

Citation
[2018] EWHC 2811
Parties
Claimant: Forest of Dean District Council; Defendant: Graham Michael Wildin
Jurisdiction
England and Wales
Judgment Date
26 October 2018
Procedural Posture
Planning Injunction Application / Judgment on Application for Injunction
Outcome
Injunction granted
Legal Topics
Enforcement Notice, Injunction Under Section 187 B Town and Country Planning Act 1990, Permitted Development Rights, Proportionality Under Human Rights Act, Personal Hardship in Planning Enforcement
Planning Law Administrative Law Human Rights Enforcement Notice Injunction Under Section 187 B Town and Country Planning Act 1990 Permitted Development Rights Proportionality Under Human Rights Act Personal Hardship in Planning Enforcement

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Parties

Forest of Dean District Council

Claimant

Graham Michael Wildin

Defendant

Procedural Posture

Planning Injunction Application / Judgment on Application for Injunction

Legal Issues

  1. 1 Whether an injunction should be granted to enforce compliance with an amended enforcement notice under section 187B of the Town and Country Planning Act 1990
  2. 2 Whether the building constitutes permitted development under the GPDO Schedule 2, Part 1, Class E
  3. 3 Whether the grant of an injunction is proportionate in light of the defendant's personal circumstances and Article 8 ECHR

Ratio Decidendi

The building is not permitted development as it has more than one storey, as found by the inspector and confirmed by the court. The defendant has persistently failed to comply with the enforcement notice and will not do so voluntarily. The adverse impacts on the defendant and his partner do not outweigh the strong public interest in enforcing planning control. Granting the injunction is proportionate and justified in all the circumstances.

Court Disposition

Injunction granted

Orders

  • Defendant to comply with the amended enforcement notice within 18 months
  • Consequential matters to be dealt with by written submissions or further hearing if requested within 14 days