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.

Source excerpt

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

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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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Dacorum Borough Council v Persons Unknown

The High Court continued a planning injunction against persons unknown and added named intended defendants, refusing discharge or variation after finding unlawful development and no disclosure breach.

• Injunctions against persons unknown
• Section 187b town and country planning act 1990
• Article 8 echr
• Planning enforcement
• Interim relief
• Duty of full and frank disclosure

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ELY & Anor, R (on the application of) v Secretary of State for Housing, Communities and Local Government

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.

• Judicial review
• Statutory appeal
• Planning enforcement
• Noise nuisance
• Right to education
• Freedom of religion

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Wayne Michaels v Information Commissioner

The Tribunal dismissed linked EIR appeals about planning-enforcement information from Bracknell Forest Borough Council, upholding refusal under regulations 12(4)(e) and 12(5)(d).

• Environmental information regulations
• Freedom of information
• Planning enforcement
• Confidentiality of proceedings
• Internal communications
• Public interest test

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Epping Forest District Council v Somani Hotels Ltd

Epping Forest District Council v Somani Hotels Ltd [2026] EWCA Civ 264 (13 March 2026)

The Court of Appeal refused EFDC permission to appeal over an injunction claim about asylum accommodation at the Bell Hotel and upheld the related costs orders.

• Injunctions under s.187b tcpa 1990
• Material change of use
• Planning enforcement
• Costs orders
• Joinder of parties
• Accommodation of asylum seekers

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Epping Forest District Council v Somani Hotels Limited

The Court of Appeal refused permission to appeal in a planning case about using a hotel for asylum accommodation, and left the High Court’s costs orders in place.

• Injunctions under s.187b tcpa 1990
• Material change of use
• Planning enforcement
• Costs orders
• Distinction between hotel and hostel use
• Statutory duties for asylum accommodation

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

Dharmeshkumar v Secretary of State for Housing, Communities and Local Government & Anor [2026] EWCA Civ 247 (10 March 2026)

The Court of Appeal held that permission to appeal under s.289(6) TCPA 1990 is tested under CPR 52.6, not the stricter CPR 52.7 second appeals test.

• Appeals
• Permission to appeal
• Statutory interpretation
• Planning enforcement
• Civil procedure rules
• Planning-enforcement

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Tobin v The Welsh Ministers & Anor

Tobin v The Welsh Ministers & Anor [2026] EWHC 171 (Admin) (30 January 2026)

High Court planning appeal dismissed after the judge held that the inspector had properly considered disability rights and gave adequate reasons for refusing permission for a porch.

• Public sector equality duty
• Planning enforcement
• Disability discrimination
• Reasoning and adequacy of reasons
• Human rights (article 8)
• Public-sector-equality-duty

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Kara Tobin v The Welsh Ministers & Anor

The High Court dismissed Ms Tobin’s planning appeal, holding that the inspector lawfully considered the Public Sector Equality Duty and gave adequate reasons.

• Public sector equality duty
• Planning enforcement
• Disability discrimination
• Statutory appeals
• Reasoning and adequacy of reasons
• Public-sector-equality-duty

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