England and Wales Case Law

Mayor and Burgesses of the Royal Borough of Kingston upon Thames v Michael Casey

A final injunction against persons unknown is justified due to persistent and significant breaches of planning control, failed enforcement measures, and compelling need for enforcement. The injunction is territorially limited to the land and temporally limited to ten years for newcomers, with procedural protections for affected persons.

Source excerpt

• Injunctions
• Unauthorised development
• Breach of planning control
• Persons unknown
• Procedural protections

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Durham County Council v Percy Stephenson & Ors

The High Court granted an urgent without-notice interim injunction to restrain unauthorised development and occupation of land near Wingate, with safeguards for those already present.

• Planning injunctions
• Unauthorised development
• Procedural protections
• Persons unknown
• Public sector equality duty
• Planning-injunctions

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Maidstone Borough Council v Langley Frank Beck

Given the seriousness and deliberateness of the breaches, high culpability, and harm to public interest, the custody threshold is crossed; however, mitigating factors including mental health and partial compliance justify suspending the sentence.

Source excerpt

• Unauthorised development
• Injunction enforcement
• Mental capacity
• Sentencing for contempt

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Buckinghamshire Council v Ward & Ors

Buckinghamshire Council v Ward & Ors [2021] EWHC 1180 (QB) (06 May 2021)

The High Court granted Buckinghamshire Council an interim injunction under section 187B to stop further unauthorised development and encampment on land at Edgcott.

• Interim injunctions
• Unauthorised development
• Alternative service
• Open justice
• Interim-injunctions
• Unauthorised-development

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Hinckley & Bosworth Borough Council v Kathleen Anne Morrison & Ors

The High Court granted an ex parte interim injunction to stop further unauthorised development and occupation at land near Barwell, under section 187B of the 1990 Act.

• Interim injunctions
• Unauthorised development
• Without notice applications
• Service of orders
• Interim-injunctions
• Unauthorised-development

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Surrey Heath Borough Council v Robb & Ors

The High Court continued an interim injunction restraining unauthorised residential occupation and development of green belt land, and refused permission to appeal.

• Injunctions
• Unauthorised development
• Green belt
• Gypsy and traveller rights
• Balance of convenience
• Article 8 echr

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St Edmundsbury Borough Council v Oakley (aka Gaskin)

The High Court found the defendant in contempt for breaching a planning injunction and imposed a four-month custodial sentence, suspended if she complied with undertakings.

• Breach of injunction
• Unauthorised development
• Sentencing for contempt
• Planning enforcement
• Contempt-of-court
• Planning-enforcement

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St Edmundsbury Borough Council v Oakley (aka Gaskin)

St Edmundsbury Borough Council v Oakley (aka Gaskin) [2015] EWHC 1975 (QB) (10 July 2015)

Committal proceedings for contempt arising from breaches of a planning injunction were proved, and a four-month custodial sentence was imposed but suspended on compliance.

• Breach of injunction
• Unauthorised development
• Sentencing for contempt
• Contempt-of-court
• Planning-law
• Injunction-breach

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Barker, R (on the application of) v Brighton and Hove City Council & Ors

The High Court quashed Brighton and Hove City Council's refusal to take enforcement action over an unauthorised dwelling and ordered reconsideration.

• Enforcement of planning control
• Judicial review of local authority decisions
• Time limits for enforcement action
• Unauthorised development
• Planning-enforcement
• Judicial-review

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Barker, R (on the application of) v Brighton and Hove City Council & Ors

Barker, R (on the application of) v Brighton and Hove City Council & Ors [2014] EWHC 233 (Admin) (11 February 2014)

The High Court quashed Brighton and Hove City Council’s refusal to take enforcement action over an unauthorised dwelling and ordered reconsideration.

• Judicial review of planning enforcement
• Time limits for enforcement action
• Unauthorised development
• Local authority discretion
• Procedural fairness
• Planning-law

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