Chelmsford City Council & Anor v Wayne Mixture
[2024] EWHC 1006 (KB)
Pembrokeshire County Council v Ryan Jack Cole & Anor
21 August 2024
[2024] EWHC 2187 (Ch)
High Court
A council tried to force two brothers to remove a building they'd built without permission on their farm. The brothers had tried (unsuccessfully) to get permission, and had a new application pending. Even though they broke the rules, the judge decided against forcing them to remove the building because it would cause them serious financial problems, there was a chance the new application would succeed and no immediate environmental damage was happening.
Key Facts
- •Pembrokeshire County Council (Claimant) sought a mandatory injunction against Ryan and Declan Cole (Defendants) for unauthorised development at Cwm Farm.
- •Unauthorised development included a cattle shed and an access track.
- •Defendants had made several unsuccessful planning applications.
- •An enforcement notice was issued and appealed, resulting in an extended compliance period.
- •Defendants were fined for non-compliance with the enforcement notice.
- •Defendants submitted a new planning application before the injunction hearing.
Legal Principles
In considering an application under section 187B of the Town and Country Planning Act 1990, the court's discretion is not unfettered but must be exercised judicially, with due regard to the purpose of restraining breaches of planning control.
South Buckinghamshire District Council v Porter [2001] EWCA Civ 1549, [2003] 2 AC 558
The court is not required to reach its own independent view on planning merits but must consider hardship for the defendant and the need to enforce planning control.
South Buckinghamshire District Council v Porter
The court's decision should be proportionate, balancing public interest in safeguarding the environment against the individual's private interests.
South Buckinghamshire District Council v Porter
Section 187B of the Town and Country Planning Act 1990 allows local planning authorities to apply for injunctions to restrain breaches of planning control.
Town and Country Planning Act 1990, section 187B
Outcomes
The injunction was refused.
The court considered the defendants' genuine efforts to regularise the situation, their pending planning application with a realistic chance of success, and the significant financial hardship an injunction would cause. The court also found that the situation was not causing immediate environmental harm, and the urgency for an injunction was questionable.