England and Wales Case Law

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.

Source excerpt

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

Read case analysis

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.

Source excerpt

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

Read case analysis

Tandridge District Council v Brien & Ors

Tandridge District Council v Brien & Ors [2026] EWHC 547 (KB) (09 March 2026)

The High Court granted a final planning injunction restraining unauthorised use and development of Green Belt land as a caravan site, including against Persons Unknown.

• Injunctions
• Breach of planning control
• Green belt protection
• Article 8 echr
• Public sector equality duty
• Persons unknown orders

Read case analysis

St Albans City and District Council v Anthony Hugh Taylerson & Ors

The application for a final injunction against the Fifth Defendant (Mr Bygg Ltd) and Persons Unknown is refused because the evidence does not establish a strong probability of future breach of planning control, the Claimant failed to engage with the Company or update its evidence, and proportionality does not justify injunctive relief. The evidence shows the Company and Mr Green have sought to comply with planning rules, and there is no compelling need for an injunction against Persons Unknown. Final injunctive relief is granted only against the Third Defendant, who has not engaged and presen…

Source excerpt

• Injunctions
• Quia timet relief
• Green belt protection
• Section 187b town and country planning act 1990
• Proportionality
• Persons unknown orders

Read case analysis

St Albans City And District Council v Taylerson & Ors

St Albans City And District Council v Taylerson & Ors [2024] EWHC 602 (KB) (15 March 2024)

The High Court refused a final planning injunction over land near Redbourn bypass, finding no strong probability of future breach by the company or persons unknown.

• Injunctions
• Quia timet relief
• Green belt protection
• Section 187b tcpa 1990
• Proportionality
• Planning enforcement

Read case analysis

Chelmsford City Council v Leisure Parks Real Estate (Holdings) Ltd & Ors

The High Court held that works on disputed caravan park land fell outside the 2013 planning permission and granted a final injunction restraining further use and occupation.

• Interpretation of planning permissions
• Permitted development rights
• Injunctions
• Caravan site licence
• Green belt protection
• Planning-permission-interpretation

Read case analysis

Sykes v Secretary of State for Housing, Communities And Local Government & Anor

High Court planning judicial review over a refused Traveller site application in the Green Belt. The court upheld the Inspector’s decision and dismissed the claim.

• Green belt protection
• Temporary planning permission
• Traveller sites
• Judicial review
• Article 8 echr
• Best interests of the child

Read case analysis

Sykes v Secretary of State for Housing, Communities And Local Government & Anor

Sykes v Secretary of State for Housing, Communities And Local Government & Anor [2020] EWHC 112 (Admin) (28 January 2020)

Challenge to refusal of temporary permission for a Gypsy and Traveller site in the Green Belt succeeded in part because the Inspector’s reasons were inadequate on alternative sites.

• Green belt protection
• Traveller site provision
• Temporary planning permission
• Judicial review
• Best interests of the child
• Article 8 echr

Read case analysis