New Forest District Council v Owen & Ors [2013] EWHC 265 (QB) (22 February 2013)

New Forest District Council v Owen & Ors [2013] EWHC 265 (QB) (22 February 2013)

The applications for summary judgment and interim injunctions are dismissed because each defendant has reasonable prospects of success at trial on several grounds, including the arguable limitation of the 1995 enforcement notice to specific units, potential immunity from enforcement due to the passage of time, and the need for a full trial to resolve factual and legal disputes. The court cannot conclude that the claims are unanswerable or that injunctive relief is appropriate without a trial.

Citation
[2013] EWHC 265 (QB)
Parties
Claimant: New Forest District Council; Defendant: Mr Eric Owen; Defendant: Mrs Janette Owen; Defendant: Mr Stephen Malem; Defendant: Mr Mark Greenshields; Defendant: Mrs Kim Greenshields
Jurisdiction
England and Wales
Judgment Date
22 February 2013
Procedural Posture
Part 8 Claim for Injunctions Under Section 187 B TCPA / Application for Summary Judgment And/or Interim Injunctions
Outcome
Applications for summary judgment and interim injunctions dismissed; claims to proceed to full trial if pursued.
Legal Topics
Injunctions, Enforcement Notices, Green Belt Policy, Lawful Development Certificates, Article 8 ECHR, Section 187 B Town and Country Planning Act 1990
Planning Law Administrative Law Human Rights Injunctions Enforcement Notices Green Belt Policy Lawful Development Certificates Article 8 ECHR +1 more

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Parties

New Forest District Council

Claimant

Mr Eric Owen

Defendant

Mrs Janette Owen

Defendant

Mr Stephen Malem

Defendant

Mr Mark Greenshields

Defendant

Mrs Kim Greenshields

Defendant

Procedural Posture

Part 8 Claim for Injunctions Under Section 187 B TCPA / Application for Summary Judgment And/or Interim Injunctions

Legal Issues

  1. 1 Whether summary judgment or interim injunctions should be granted to restrain residential use of units 91, 92, and 93 at Merryfield Park in breach of planning control
  2. 2 Whether the defendants have reasonable prospects of defending the claims at trial
  3. 3 Interpretation and scope of the 1995 enforcement notice (EN)

Ratio Decidendi

The applications for summary judgment and interim injunctions are dismissed because each defendant has reasonable prospects of success at trial on several grounds, including the arguable limitation of the 1995 enforcement notice to specific units, potential immunity from enforcement due to the passage of time, and the need for a full trial to resolve factual and legal disputes. The court cannot conclude that the claims are unanswerable or that injunctive relief is appropriate without a trial.

Court Disposition

Applications for summary judgment and interim injunctions dismissed; claims to proceed to full trial if pursued.

Orders

  • No final or interim injunctions granted against any defendant.
  • If NFDC wishes to pursue the claims, they must proceed as ordinary claims with full trial and case management.