Pembrokeshire County Council v Ryan Jack Cole & Anor

Pembrokeshire County Council v Ryan Jack Cole & Anor

The court declined to grant a mandatory injunction because the defendants have made genuine efforts to address planning objections, a new planning application is pending with some prospect of success, and there is no evidence of urgent environmental harm requiring immediate injunctive relief. The financial hardship to the defendants and the lack of urgency weigh against granting the injunction at this stage.

Parties
Claimant: Pembrokeshire County Council; Defendant: Ryan Jack Cole; Defendant: Declan Tom Cole
Jurisdiction
England and Wales
Judgment Date
21 August 2024
Procedural Posture
Part 8 Claim for Mandatory Injunction / Final Judgment
Outcome
Injunction refused
Legal Topics
Mandatory Injunction, Enforcement Notice, Planning Control, Environmental Protection, Manure Management, Special Area of Conservation
Planning Law Environmental Law Mandatory Injunction Enforcement Notice Planning Control Environmental Protection Manure Management Special Area of Conservation

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Parties

Pembrokeshire County Council

Claimant

Ryan Jack Cole

Defendant

Declan Tom Cole

Defendant

Procedural Posture

Part 8 Claim for Mandatory Injunction / Final Judgment

Legal Issues

  1. 1 Whether the court should grant a mandatory injunction requiring removal of a cattle shed and track in breach of planning control
  2. 2 Whether the defendants' ongoing breach of planning control justifies injunctive relief
  3. 3 Whether hardship and financial consequences to defendants outweigh public interest in enforcement

Ratio Decidendi

The court declined to grant a mandatory injunction because the defendants have made genuine efforts to address planning objections, a new planning application is pending with some prospect of success, and there is no evidence of urgent environmental harm requiring immediate injunctive relief. The financial hardship to the defendants and the lack of urgency weigh against granting the injunction at this stage.

Court Disposition

Injunction refused