Summary
An injunction under section 187B of the Town and Country Planning Act 1990 engages an original judicial discretion. The court must not re-decide the planning merits, but must assess hardship, family health and education, alternative sites, planning history, enforcement history, environmental harm, necessity and proportionality. A pending planning application cannot ordinarily be used to reopen the planning merits, but a realistic, non-fanciful prospect of permission may justify suspending the injunction. The court must balance enforcement of planning control against the risk of imposing an excessive burden on the defendants and their families.
Factual background
The Council sought an injunction under section 187B of the Town and Country Planning Act 1990 to restrain the residential occupation of caravans and associated use of land in the Metropolitan green belt. The defendants, father and son, claimed gypsy status and had lived on the site for many years. Planning permission had repeatedly been refused.
Shortly before the hearing, revised Government guidance was issued and the defendants made a fresh planning application. The central issue was whether an injunction should take effect immediately or be suspended pending the final determination of that application, including any appeal.
Held
- The court had an original discretion under section 187B of the Town and Country Planning Act 1990. The issue was not whether to review the Council’s planning decisions, but whether injunctive relief was appropriate in the light of the principles in South Bucks District Council v Porter [2003] 2 AC 558.
- The court accepted that it must not substitute its own view of the planning merits. It nevertheless had to consider the practical consequences of enforcement, including hardship, health, education, alternative accommodation, the planning history, the flagrancy and duration of the breach, environmental harm, urgency, and the Council’s own consideration of human-rights issues.
- The prolonged and flagrant breach, the repeated refusal of permission, the Council’s careful resolution, and the absence of suitable alternative accommodation all favoured an injunction. The defendants’ health and educational circumstances did not, by themselves, justify refusing relief.
- The revised guidance, the defendants’ newly recognised gypsy status, the prospective accommodation assessment, and the fresh planning application meant that their position was no longer hopeless. There was a realistic, although not necessarily strong, prospect of temporary or personal permission. The court was not deciding that application, but could take that prospect into account when exercising its discretion.
- Immediate removal was not sufficiently urgent to justify imposing the substantial burden of relocation before the planning process was complete. The injunction was therefore granted, but its operation was suspended until the fresh application and any necessary appeal had been finally determined.
The court’s approach to earlier authorities
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Appellate history
The judgment describes earlier planning appeals and proceedings. A previous Secretary of State decision was quashed by consent in the Administrative Court and remitted for redetermination; the appeal was subsequently dismissed again on 17 August 2003. Those matters formed part of the planning history considered on this application.
Key cases cited
7 authorities cited.
- South Bucks District Council and another (Respondents) v. Porter (FC) (Appellant) [2004] UKHL 33
- Wrexham County Borough Council (Appellants) v. Berry (Respondent) South Bucks District Council (Appellants) v. Porter and another (FC) (Respondent) Chichester District Council (Appellants) v. Searle and others (Respondents) (Consolidated Appeals) [2003] UKHL 26
- South Bucks District Council v Porter (Chichester District Council v Searle, Hertsmere Borough Council v Harty, Wrexham County Borough Council v Berry) [2001] EWCA Civ 1549
- Basildon District Council, R (on the application of) v Temple [2004] EWHC 2759 (Admin)
- Lee, R (on the application of) v First Secretary of State [2003] EWHC 3235 (Admin)
- Chapman v United Kingdom [2001] EHRR 18
- Basildon District Council v Secretary of State for the Environment, Transport and the Regions [2001] JPL 1184
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Cases citing this case
7 later cases · 4 neutral · 3 caution
Most senior citing decisions:
- Wychavon District Council v Rafferty & Ors [2006] EWCA Civ 628 mentioned
- Blackpool Borough Council v Alice Ester Beale & Ors [2026] EWHC 2237 (KB) considered
- Broxbourne Borough Council v Robb & Ors [2011] EWHC 1626 (QB) distinguished
- Brentwood Borough Council v Ball & Ors [2009] EWHC 2433 (QB)
- Thompson & Ors v First Secretary of State & Ors [2007] EWHC 891 (Admin)
- Bath & North East Somerset Council v Connors & Ors [2006] EWHC 1595 (QB)
- South Cambridgeshire District Council v Flynn & Ors [2006] EWHC 1320 (QB)
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