Stratford On Avon District Council v Persimmon Homes Ltd [2015] EWHC 3593 (QB) (21 December 2015)

Stratford On Avon District Council v Persimmon Homes Ltd [2015] EWHC 3593 (QB) (21 December 2015)

The application for injunctive relief was dismissed because the breaches alleged were either not established on the evidence, were minor or isolated, or did not justify the grant of an injunction as necessary or proportionate. The court found that conventional enforcement measures had not been shown to be ineffective, and that the Defendant had taken reasonable steps to comply. Injunctive relief would be disproportionate and oppressive in the circumstances.

Citation
[2015] EWHC 3593 (QB)
Parties
Claimant: Stratford on Avon District Council; Defendant: Persimmon Homes Limited
Jurisdiction
England and Wales
Judgment Date
21 December 2015
Procedural Posture
Injunction Application Under Section 187 B Town and Country Planning Act 1990 / High Court Judgment on Application for Injunctive Relief
Outcome
Application for injunctive relief dismissed
Legal Topics
Injunctions, Enforcement of Planning Control, Proportionality, Discretionary Relief, Breach of Planning Conditions
Planning Law Administrative Law Injunctions Enforcement of Planning Control Proportionality Discretionary Relief Breach of Planning Conditions

Case Brief

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Parties

Stratford on Avon District Council

Claimant

Persimmon Homes Limited

Defendant

Procedural Posture

Injunction Application Under Section 187 B Town and Country Planning Act 1990 / High Court Judgment on Application for Injunctive Relief

Legal Issues

  1. 1 Whether injunctive relief under section 187B of the Town and Country Planning Act 1990 should be granted against the Defendant for alleged breaches of planning control
  2. 2 Proper construction of planning conditions and Method Statement obligations regarding delivery hours, banking, gate person, and landscaping
  3. 3 Whether the breaches justify injunctive relief as necessary and proportionate

Ratio Decidendi

The application for injunctive relief was dismissed because the breaches alleged were either not established on the evidence, were minor or isolated, or did not justify the grant of an injunction as necessary or proportionate. The court found that conventional enforcement measures had not been shown to be ineffective, and that the Defendant had taken reasonable steps to comply. Injunctive relief would be disproportionate and oppressive in the circumstances.

Court Disposition

Application for injunctive relief dismissed