Buckinghamshire County Council v Sweeney & Ors

The claimant demonstrated a serious issue to be tried regarding breaches of planning control, damages are not an adequate remedy, and the balance of convenience and proportionality favour granting the interim injunction to maintain the status quo and prevent further unlawful development.

Parties: Claimant: Buckinghamshire County Council; Defendant: James Joseph Sweeney; Defendant: Persons Unknown
Jurisdiction: England and Wales
Judgment Date: 11 June 2020
Procedural Posture: Injunction Application (planning) / Return Date Hearing for Interim Injunction
Outcome: Interim injunction granted
Legal Topics: Injunctions, Breach of Planning Control, Town and Country Planning Act 1990, Interim Relief

Planning Law Civil Procedure Injunctions Breach of Planning Control Town and Country Planning Act 1990 Interim Relief

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Parties

Buckinghamshire County Council

Claimant

James Joseph Sweeney

Defendant

Persons Unknown

Defendant

Procedural Posture

Injunction Application (planning) / Return Date Hearing for Interim Injunction

Legal Issues

1 Whether an interim injunction should be granted to restrain actual and apprehended breaches of planning control under section 187B of the Town and Country Planning Act 1990
2 Whether the balance of convenience and proportionality favour granting the injunction

Ratio Decidendi

Court Disposition

Interim injunction granted

Orders

Defendants restrained from carrying out further development or change of use on the land without planning permission
Liberty to apply provision included for variation or discharge of the order