Buckinghamshire Council v Ward & Ors

Buckinghamshire Council v Ward & Ors

The interim injunction was necessary and proportionate to prevent further unauthorised development and occupation of the land, maintain the status quo, and protect the planning process, with alternative service and without notice procedure justified by the risk of further unauthorised works if notice were given.

Parties
Claimant: Buckinghamshire Council; Defendant: John James Ward; Defendant: Kaley Guest; Defendant: Rose Gentle; Defendant: Savannah Casey; Defendant: Alex Harris; Defendant: Mikala McCarthy; Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
06 May 2021
Procedural Posture
Civil (planning/injunction) / Interim Injunction Application (ex Parte)
Outcome
Interim injunction granted
Legal Topics
Interim Injunctions, Enforcement of Planning Control, Alternative Service, Without Notice Applications
Planning Law Civil Procedure Interim Injunctions Enforcement of Planning Control Alternative Service Without Notice Applications

Case Brief

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Parties

Buckinghamshire Council

Claimant

John James Ward

Defendant

Kaley Guest

Defendant

Rose Gentle

Defendant

Savannah Casey

Defendant

Alex Harris

Defendant

Mikala McCarthy

Defendant

Persons Unknown

Defendant

Procedural Posture

Civil (planning/injunction) / Interim Injunction Application (ex Parte)

Legal Issues

  1. 1 Whether an interim injunction should be granted to restrain further development and occupation of land without planning permission
  2. 2 Whether the application should proceed without notice
  3. 3 Whether alternative service is justified

Ratio Decidendi

The interim injunction was necessary and proportionate to prevent further unauthorised development and occupation of the land, maintain the status quo, and protect the planning process, with alternative service and without notice procedure justified by the risk of further unauthorised works if notice were given.

Court Disposition

Interim injunction granted

Orders

  • Prohibitory interim injunction restraining further encampment, occupation, stationing of caravans, plant or machinery, or further development without permission
  • Order for alternative service at the site and to the First Defendant's registered address