Wealden District Council v John David Devall & Anor

Wealden District Council v John David Devall & Anor

The Defendants carried out operational development, including rebuilding the barn and laying hardstanding, without planning permission, materially altering the Land's appearance and preparing it for residential use. These actions breached planning control. An injunction is necessary and proportionate to prevent further breaches and restore the Land, outweighing any hardship to the Defendants.

Parties
Claimant: Wealden District Council; Defendant: John David Devall; Defendant: Sally Anne Watson
Jurisdiction
England and Wales
Judgment Date
29 October 2025
Procedural Posture
Injunction Application Under S.187 B Town and Country Planning Act 1990 / Final Judgment
Outcome
Final injunction granted with both prohibitory and mandatory elements; costs to be assessed.
Legal Topics
Injunctions, Breach of Planning Control, Development Without Permission, Proportionality, Human Rights, Enforcement of Planning Policy
Planning Law Administrative Law Property Law Injunctions Breach of Planning Control Development Without Permission Proportionality Human Rights +1 more

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Parties

Wealden District Council

Claimant

John David Devall

Defendant

Sally Anne Watson

Defendant

Procedural Posture

Injunction Application Under S.187 B Town and Country Planning Act 1990 / Final Judgment

Legal Issues

  1. 1 Whether the Defendants breached planning control by carrying out development without permission
  2. 2 Whether the works constituted development under the Town and Country Planning Act 1990
  3. 3 Whether an injunction is proportionate and just in the circumstances

Ratio Decidendi

The Defendants carried out operational development, including rebuilding the barn and laying hardstanding, without planning permission, materially altering the Land's appearance and preparing it for residential use. These actions breached planning control. An injunction is necessary and proportionate to prevent further breaches and restore the Land, outweighing any hardship to the Defendants.

Court Disposition

Final injunction granted with both prohibitory and mandatory elements; costs to be assessed.

Orders

  • Defendants restrained from carrying out further operational development or using the Land in breach of planning control for two years.
  • Defendants required to demolish the barn, remove hardstanding laid by them, remove tree surgery equipment, and clear rubbish within three months.