Buckinghamshire Council v Ward & Ors [2021] EWHC 1180 (QB) (06 May 2021)

Buckinghamshire Council v Ward & Ors [2021] EWHC 1180 (QB) (06 May 2021)

The court granted the interim injunction as necessary and proportionate to prevent further unauthorised development, maintain the status quo, and protect the planning process, with alternative service and without notice justified by risk of further works.

Citation
[2021] EWHC 1180
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
Urgent Interim Injunction Application / Interim Injunction Granted Ex Parte
Outcome
Interim injunction granted
Legal Topics
Interim Injunctions, Unauthorised Development, Alternative Service, Open Justice
Planning Law Civil Procedure Interim Injunctions Unauthorised Development Alternative Service Open Justice

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

Urgent Interim Injunction Application / Interim Injunction Granted Ex Parte

Legal Issues

  1. 1 Whether an interim injunction should be granted to prevent further unauthorised development
  2. 2 Whether the application should be made without notice
  3. 3 Whether alternative service is justified

Ratio Decidendi

The court granted the interim injunction as necessary and proportionate to prevent further unauthorised development, maintain the status quo, and protect the planning process, with alternative service and without notice justified by risk of further works.

Court Disposition

Interim injunction granted

Orders

  • Prohibitory order preventing further encampment, occupation, stationing or bringing onto land further caravans, plant, machinery, or carrying out further development without prior written permission
  • Order for alternative service at the site and to First Defendant's Land Registry address