Hinckley & Bosworth Borough Council v Morrison & Ors [2021] EWHC 1186 (QB) (06 May 2021)

Hinckley & Bosworth Borough Council v Morrison & Ors [2021] EWHC 1186 (QB) (06 May 2021)

It was necessary, proportionate, and expedient to grant an interim injunction under section 187B of the Town and Country Planning Act 1990 to prevent further unauthorised development, given the ongoing breaches, inadequacy of damages, and risk of acceleration of unlawful activity if notice were given. Service by alternative means was justified to ensure effective notice to all defendants, including persons unknown.

Citation
[2021] EWHC 1186
Parties
Claimant: Hinckley & Bosworth Borough Council; Defendant: Kathleen Anne Morrison; Defendant: Levi Sykes; Defendant: Isaac Draper; Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
06 May 2021
Procedural Posture
Interim Injunction Application / Ex Parte (without Notice) Urgent Application
Outcome
Interim injunction granted
Legal Topics
Interim Injunctions, Enforcement of Planning Control, Service of Court Orders, Without Notice Applications
Planning Law Civil Procedure Interim Injunctions Enforcement of Planning Control Service of Court Orders Without Notice Applications

Case Brief

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Parties

Hinckley & Bosworth Borough Council

Claimant

Kathleen Anne Morrison

Defendant

Levi Sykes

Defendant

Isaac Draper

Defendant

Persons Unknown

Defendant

Procedural Posture

Interim Injunction Application / Ex Parte (without Notice) Urgent Application

Legal Issues

  1. 1 Whether an interim injunction should be granted to restrain unauthorised development on land
  2. 2 Whether the application can properly proceed without notice to the defendants
  3. 3 Whether service by alternative means is justified

Ratio Decidendi

It was necessary, proportionate, and expedient to grant an interim injunction under section 187B of the Town and Country Planning Act 1990 to prevent further unauthorised development, given the ongoing breaches, inadequacy of damages, and risk of acceleration of unlawful activity if notice were given. Service by alternative means was justified to ensure effective notice to all defendants, including persons unknown.

Court Disposition

Interim injunction granted

Orders

  • Interim injunction restraining further unauthorised development and occupation of the land granted against all defendants, including persons unknown, pursuant to section 187B of the Town and Country Planning Act 1990.
  • Order for service by alternative means, including attaching copies of the order to caravans, mobile homes, and at the main entrance to the land.