Hart District Council v Freeman & Anor [2023] EWHC 1246 (KB) (26 May 2023)

Hart District Council v Freeman & Anor [2023] EWHC 1246 (KB) (26 May 2023)

There has been no material change of circumstances since the injunction was made; the defendants have not demonstrated that they are unable to obtain suitable rental accommodation or that their personal or business circumstances justify varying the injunction. The balance of convenience and public interest in the consistent application of planning laws favour maintaining the injunction in its original terms.

Citation
[2023] EWHC 1246 (KB)
Parties
Claimant: Hart District Council; Defendant: Helen Freeman; Defendant: Matthew Silvester
Jurisdiction
England and Wales
Judgment Date
26 May 2023
Procedural Posture
Application to Vary Injunction / Post Injunction, Application to Vary Order
Outcome
Application dismissed
Legal Topics
Injunctions, Variation of Orders, Enforcement Notice, Planning Permission, Change of Circumstances
Planning Law Civil Procedure Injunctions Variation of Orders Enforcement Notice Planning Permission Change of Circumstances

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Parties

Hart District Council

Claimant

Helen Freeman

Defendant

Matthew Silvester

Defendant

Procedural Posture

Application to Vary Injunction / Post Injunction, Application to Vary Order

Legal Issues

  1. 1 Whether there has been a material change of circumstances justifying variation of an injunction restraining occupation of land in breach of planning control
  2. 2 Whether the balance of convenience favours variation of the injunction

Ratio Decidendi

There has been no material change of circumstances since the injunction was made; the defendants have not demonstrated that they are unable to obtain suitable rental accommodation or that their personal or business circumstances justify varying the injunction. The balance of convenience and public interest in the consistent application of planning laws favour maintaining the injunction in its original terms.

Court Disposition

Application dismissed

Orders

  • Existing injunction remains in force; no variation granted