England and Wales Case Law

Amin Dharmeshkumar v Secretary of State for Housing, Communities and Local Government & Anor

The correct test for permission to appeal to the Court of Appeal under s.289(6) of the Town and Country Planning Act 1990 is the first appeals test in CPR 52.6, not the second appeals test in CPR 52.7, because s.55 of the Access to Justice Act 1999 does not impliedly repeal the specific provision in s.289(6) and Parliament has not expressly required the second appeals test for this category of appeal.

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• Appeals
• Permission to appeal
• Statutory interpretation
• Planning enforcement

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Tandridge District Council v John Brien & Ors

The court found compelling evidence of flagrant breaches of planning control causing significant harm to the Green Belt, with insufficient evidence from Defendants regarding hardship or alternative accommodation. The planning application was invalid and did not reflect actual site conditions. The Council had adequately considered welfare and equality duties. Injunctive relief was necessary and proportionate to prevent ongoing harm, and the terms of the injunction were clear, tailored, and justified both for named Defendants and Persons Unknown.

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• Injunctions
• Green belt protection
• Gypsy and traveller sites
• Article 8 echr
• Persons unknown
• Public sector equality duty

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West Berkshire District Council v UK Land Holdings 1 Ltd and others

The High Court continued an interim planning injunction over caravan occupation at Aldermaston, holding that most occupiers moved on after the order and in breach of it.

• Injunctions under section 187b town and country planning act 1990
• Breach of planning control
• Traveller site occupation
• Article 8 echr proportionality
• Persons unknown injunctions
• Planning enforcement

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Royal Borough of Windsor & Maidenhead v Martin Cawley & Ors

The Council failed to demonstrate that it had properly reassessed the balance of factors in light of new information regarding the welfare needs and personal circumstances of residents, including children. Therefore, a final injunction was not granted; instead, the interim injunction was extended to preserve the status quo pending determination of the planning application, with costs in the case.

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• Injunctive relief
• Breach of planning control
• Green belt protection
• Public sector equality duty
• Article 8 echr
• Welfare of children

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Blackpool Borough Council v Alice Ester Beale & Ors

The High Court granted a permanent planning injunction against the named defendants, but refused to continue it against persons unknown.

• Breach of planning control
• Section 187b tcpa 1990 injunction
• Romani gypsy / traveller accommodation
• Public sector equality duty
• Article 8 proportionality
• Persons unknown injunction

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Camilla Swire, R (on the application of) v Canterbury City Council

Canterbury City Council acted lawfully and rationally in granting planning permission for the slip road development without requiring an Environmental Impact Assessment. The Council properly considered the loss of Park and Ride capacity, relied on consultation responses from the highways authority, and was entitled to conclude that the environmental effects were not likely to be significant. The Council complied with its duty to inform itself and was not required to assess hypothetical future expansion schemes for the P&R. The reliance on section 278 Highways Act 1980 did not render the decis…

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• Environmental impact assessment (eia)
• Judicial review
• Planning permission
• Highways law
• Local government
• Transport assessment

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Luton and District Association for the Control of Aircraft Noise, R (on the application of) v Secretary of State for Transport

The Court of Appeal refused an extension of time to seek permission to appeal in a judicial review challenge to the Luton Airport DCO, stressing strict NSIP time limits.

• Extension of time for appeal
• Judicial review of development consent orders
• Nationally significant infrastructure projects
• Civil procedure rules
• Extension-of-time-for-appeal
• Development-consent-order

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Rochdale Metropolitan Borough Council v Persons Unknown

The High Court renewed Rochdale Council’s Traveller Injunction for 12 months against Persons Unknown, finding it remained effective, proportionate, and justified.

• Injunctions against persons unknown
• Unauthorised encampments
• Traveller injunctions
• Planning control
• Section 187b town and country planning act 1990
• Section 222 local government act 1972

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Luton And District Association for the Control of Aircraft Noise, R (On the Application Of) v London Luton Airport Ltd

Luton And District Association for the Control of Aircraft Noise, R (On the Application Of) v London Luton Airport Ltd [2026] EWCA Civ 648 (21 May 2026)

The Court of Appeal refused an extension of time to appeal against dismissal of a planning judicial review, stressing strict deadlines for NSIP challenges.

• Development consent orders
• Nationally significant infrastructure projects
• Extension of time for appeal
• Judicial review
• Civil procedure rules
• Extension-of-time

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Rochdale Metropolitan Borough Council v Persons Unknown

Rochdale Metropolitan Borough Council v Persons Unknown [2026] EWHC 1214 (KB) (21 May 2026)

The High Court renewed Rochdale Council’s traveller injunction for 12 months, finding it had reduced unauthorised encampments and related harms and remained justified.

• Injunctions against persons unknown
• Traveller injunctions
• Breach of planning control
• Section 187b town and country planning act 1990
• Section 222 local government act 1972
• Service requirements for persons unknown

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