Search Results for: Town and Country Planning Act 1990 187B

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Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others: HL 22 May 2003

The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased. Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an authority sought assistance in enforcement by requesting an injunction, the role of the court was not merely supervisory, but … Continue reading Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others: HL 22 May 2003

South Buckinghamshire District Council v Flanagan and Another: QBD 16 Jul 2001

The council issued enforcement notices in respect of an unauthorised use of land. An amenity notice was also issued and an appeal was entered. At an interlocutory hearing, the prosecutions were agreed to be dropped, and one of the land users alleged that the council’s solicitor agent agreed also to with draw the enforcement notices. … Continue reading South Buckinghamshire District Council v Flanagan and Another: QBD 16 Jul 2001

Trott v Broadland District Council: CA 17 Mar 2011

The appellant appealed against an injunction preventing him interfering in the recreational enjoyment of land. Planning permission had been granted to his company allowing a development on condition that land adjacent to the buildings should be left open. He was said to have enclosed part of it as a garden. Judges: Sullivan LJ Citations: [2011] … Continue reading Trott v Broadland District Council: CA 17 Mar 2011

City of Westminster v Davenport and Another: QBD 30 Jul 2010

The court granted to Westminster an injunction forbidding defined uses of property in London. The defendant and persons unknown, were forbidden from using any part of the property for commercial or non-residential purposes and from undertaking any development in respect of the property without an express grant of planning permission. Judges: Eady J Citations: [2010] … Continue reading City of Westminster v Davenport and Another: QBD 30 Jul 2010

O’Brien and others v South Cambridgeshire District Council: CA 24 Oct 2008

The court considered the use of injunctions to restrain breaches of planning control. The applicants were gypsies who had taken up occupation of land in mobile homes. The respondent had given them twelve months for them to find alternative accomodation. The extended time was intended to minimise disruption to the children’s education. Held: Even if … Continue reading O’Brien and others v South Cambridgeshire District Council: CA 24 Oct 2008

Regina v Basildon District Council: Admn 1996

The essence of the section 187B procedure is to achieve a speedy resolution of a planning problem. The courts have repeatedly emphasised that the injunction proceedings are not to be used as an opportunity to re-argue the planning merits of the case which were matters for the planning authority and the Secretary of State. Judges: … Continue reading Regina v Basildon District Council: Admn 1996

Porter, Searle and Others, Berry and Harty v South Buckinghamshire District Council, Chichester District Council, Wrexham County Borough Council, Hertsmere Borough Councilt: CA 12 Oct 2001

Local authorities had obtained injunctions preventing the defendants from taking up occupation, where they had acquired land with a view to living on the plots in mobile homes, but where planning permission had been refused. The various defendants appealed on the basis that the authorities had failed to make proper allowance for their human rights. … Continue reading Porter, Searle and Others, Berry and Harty v South Buckinghamshire District Council, Chichester District Council, Wrexham County Borough Council, Hertsmere Borough Councilt: CA 12 Oct 2001

Harlow District Council and Another v Stokes and Others: QBD 3 Mar 2015

Application for interim injunction to prevent traveller families occupying certain lands. Judges: Patterson DBE J Citations: [2015] EWHC 953 (QB) Links: Bailii Statutes: Town and Country Planning Act 1990 187B, Local Government Act 1972 222, Criminal Justice and Public Order Act 1994 Jurisdiction: England and Wales Local Government, Planning Updated: 30 May 2022; Ref: scu.545603

Mid-Sussex District Council v William Charles Boyle: QBD 20 Jul 2001

The authority sought an injunction to restrain a breach of planning control by the defendant. Earlier temporary permissions for single caravans had expired, and enforcement notices issued. The defendant had failed to remove multiple vehicles. Held: The area was designated one of outstanding natural beauty, and that had to be allowed for by the authority. … Continue reading Mid-Sussex District Council v William Charles Boyle: QBD 20 Jul 2001

London Borough of Enfield v Persons Unknown and Others: QBD 2 Oct 2020

The council had obtained interim and final injunctions in 2017 against anticipated trespassers on its land and the order was due to expire. It now ought its extension and to amend the terms of the order. Held: The court noted that no person had yet been served with any documents, and that the legal landscape … Continue reading London Borough of Enfield v Persons Unknown and Others: QBD 2 Oct 2020

South Cambridgeshire District Council v Gammell: CA 2005

The Council had taken out an injunction under section 187B of the 1990 Act to prevent unknown persons placing caravans on certain lands. The defendants acted in breach of those injunctions, and the Council requested their committal for contempt. The defendant now appealed against committal. Held: The appeal failed. a person became a party to … Continue reading South Cambridgeshire District Council v Gammell: CA 2005

London Borough of Wandsworth v Mills and Allen Ltd and Another: Admn 5 Sep 1997

The Council sought orders to restrain the defendants from using certain land for the display of advertisements. Moriarty QC [1997] EWHC Admin 800 Town and Country Planning Act 1990 187B, Local Government Act 1972 222, Town and Country Planning (Control of Advertisements) Regulations 1992 England and Wales Planning Updated: 03 January 2022; Ref: scu.137745

Broxbourne Borough Council v Robb and Others: QBD 27 Jun 2011

The Council applied for the committal of the defendant for an alleged breach of a without notice injunction. Notice of the injunction had been placed at the site, requiring nobody to move caravans onto the land. Held: The application succeeded. Having examined the case law the need for committal was established. The defendant was to … Continue reading Broxbourne Borough Council v Robb and Others: QBD 27 Jun 2011

Regina (O’Brien) v Basildon District Council: Admn 2006

There is no inherent restriction on the powers in section 178 to prevent a planning authority using them for the purposes of evicting people using land for a residential purpose in breach of an enforcement notice which had taken effect. It would not always be disproportionate to use them for that purpose. The court set … Continue reading Regina (O’Brien) v Basildon District Council: Admn 2006

Ineos Upstream Ltd and Others v Persons Unknown and Others: ChD 23 Nov 2017

The claimant sought an injunction expressed to be against unknown persons. Held: Morgan J expressed a degree of concern about orders having this effect, but concluded that (particularly in light of the South Cambridgeshire decision) this procedure was now open to claimants in cases outside section 187B of the Town and Country Planning Act 1990: … Continue reading Ineos Upstream Ltd and Others v Persons Unknown and Others: ChD 23 Nov 2017