New Forest District Council v Owen & Ors

New Forest District Council v Owen & Ors

Applications for summary and interim injunctions are dismissed because defendants have reasonable prospects of success at trial; enforcement notice does not clearly apply to units 91–93, residential use may be immune from enforcement, LDC is ambiguous and arguably unenforceable, and injunctions would be disproportionate given unresolved planning issues and Article 8 ECHR considerations.

Parties
Claimant: New Forest District Council; Defendant: Mrs Janette Owen; Defendant: Mr Eric Owen; Defendant: Mr Stephen Malem; Defendant: Mrs Kim Greenshields; Defendant: Mr Mark Greenshields
Jurisdiction
England and Wales
Judgment Date
22 February 2013
Procedural Posture
Injunction Application (part 8 Claims) / Summary Judgment/interim Injunction Hearing
Outcome
Applications for summary judgment and interim injunctions dismissed; claims to proceed to full trial or be stayed/dismissed.
Legal Topics
Injunctions, Enforcement Notices, Lawful Development Certificates, Green Belt Policy, Residential Use, Proportionality, Article 8 ECHR
Planning Law Administrative Law Property Law Human Rights Law Injunctions Enforcement Notices Lawful Development Certificates Green Belt Policy +3 more

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Parties

New Forest District Council

Claimant

Mrs Janette Owen

Defendant

Mr Eric Owen

Defendant

Mr Stephen Malem

Defendant

Mrs Kim Greenshields

Defendant

Mr Mark Greenshields

Defendant

Procedural Posture

Injunction Application (part 8 Claims) / Summary Judgment/interim Injunction Hearing

Legal Issues

  1. 1 Whether the enforcement notice (EN) applies to units 91–93 or only to units 15 and 30
  2. 2 Whether residential use of units 91–93 is immune from enforcement under section 171B TCPA
  3. 3 Whether the Lawful Development Certificate (LDC) is enforceable and its scope

Ratio Decidendi

Applications for summary and interim injunctions are dismissed because defendants have reasonable prospects of success at trial; enforcement notice does not clearly apply to units 91–93, residential use may be immune from enforcement, LDC is ambiguous and arguably unenforceable, and injunctions would be disproportionate given unresolved planning issues and Article 8 ECHR considerations.

Court Disposition

Applications for summary judgment and interim injunctions dismissed; claims to proceed to full trial or be stayed/dismissed.

Orders

  • No injunctions granted against any defendant.
  • Claims to be converted to Part 7 and case managed if pursued.