Durham County Council v Stephenson & Ors [2025] EWHC 109 (KB) (23 January 2025)

Durham County Council v Stephenson & Ors [2025] EWHC 109 (KB) (23 January 2025)

An interim injunction was justified and necessary to prevent further unauthorised development and occupation of the land, given the substantial breach of planning control, the real and imminent risk of further breaches, and the inadequacy of damages as a remedy. The urgency justified a without-notice application,...

Source-derived case information.

Citation
[2025] EWHC 109 (KB)
Parties
Claimant: Durham County Council; Defendant: Percy Stephenson; Defendant: Danny Patrick Lee; Defendant: Thomas Patrick Ward; Defendant: Persons Unknown (other than the named defendants) occupying or causing or permitting the development or occupation in breach of planning control of the land to the south west of Newholme Estate, Station Town, Wingate, County Durham
Jurisdiction
England and Wales
Judgment Date
23 January 2025
Procedural Posture
Injunction Application (without Notice) / Interim Injunction Granted, Pending Further Hearings
Outcome
Interim injunction granted
Legal Topics
Planning Enforcement, Interim Injunctions, Without Notice Applications, Procedural Protections, Equality and Human Rights, Persons Unknown Defendants
Planning Law Civil Procedure Human Rights Planning Enforcement Interim Injunctions Without Notice Applications Procedural Protections Equality and Human Rights +1 more

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Parties

Durham County Council

Claimant

Percy Stephenson

Defendant

Danny Patrick Lee

Defendant

Thomas Patrick Ward

Defendant

Persons Unknown (other than the named defendants) occupying or causing or permitting the development or occupation in breach of planning control of the land to the south west of Newholme Estate, Station Town, Wingate, County Durham

Defendant

Procedural Posture

Injunction Application (without Notice) / Interim Injunction Granted, Pending Further Hearings

Legal Issues

  1. 1 Whether an interim injunction should be granted to restrain unauthorised development and occupation of land in breach of planning control
  2. 2 Whether the application should proceed without notice to the defendants
  3. 3 Whether procedural protections for affected persons are adequate

Ratio Decidendi

An interim injunction was justified and necessary to prevent further unauthorised development and occupation of the land, given the substantial breach of planning control, the real and imminent risk of further breaches, and the inadequacy of damages as a remedy. The urgency justified a without-notice application, provided that extensive procedural protections and transparency measures were implemented. The inclusion of 'persons unknown' as defendants was appropriate due to the compelling need and emergency context, with ongoing obligations to identify individuals.

Court Disposition

Interim injunction granted

Orders

  • Prohibition on further development, use, or occupation of the land in breach of planning control
  • Order does not require persons already in occupation at 4pm on 23 January 2025 to leave