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England and Wales decisions
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Permission to appeal and seek judicial review was refused in a planning dispute over a school enforcement notice, human rights arguments, and noise evidence.
ELY & Anor, R (on the application of) v Secretary of State for Housing, Communities and Local Government [2026] EWHC 927 (Admin) (24 April 2026)
Permission was refused in a planning and judicial review challenge over a school enforcement notice, with the court upholding the Inspector’s balancing of ECHR rights and noise evidence.
The High Court found a school all-weather play area caused nuisance only in limited respects before July 2022, awarded £1,000 damages, and refused an injunction.
The court sentenced Michelle Staples for repeated breaches of an anti-social behaviour injunction, imposing three months' imprisonment suspended for the injunction period.
Judicial review of a planning permission for a dog grooming studio failed. The court held the officer’s report fairly addressed noise, amenity, highways and benefits.
The defendant was found beyond reasonable doubt to have breached the injunction order by creating noise nuisance on specified dates, constituting contempt of court.
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The defendant has persistently and deliberately breached court injunctions despite repeated opportunities to comply and obtain legal representation. The custody threshold is met. A suspended sentence is appropriate as a final opportunity to secure compliance, with immediate committal if breaches continue.
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The Council's decision was unlawful because it failed to properly consider whether the use of the garden as a restaurant was established and lawful, and consequently failed to lawfully consider noise impacts; these were material errors of public law warranting quashing of the planning permission.
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Sovereign Housing Association Ltd v Munroe [2024] EWCC 9 (12 September 2024)
The County Court at Bath sentenced Troy Munroe to 12 weeks’ custody, suspended for 12 months, for contempt after breach of an injunction against noise nuisance.
The Council acted unlawfully by failing to consider noise impacts from the operational development (the pergola structure) as a material consideration, as required by Policy LP8. The officer's report wrongly concluded that noise was not in question due to the lawfulness of the use, and failed to assess the noise-generating potential of the new structure. This error was material and the grant of planning permission must be quashed.
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