Sometimes it is necessary to take injunctive action to stop a breach or to restore land. By means of an injunction, a court can order a person to obey planning laws.
Section 187B(1) of the Town and Country Planning Act 1990 provides:
"Where a local planning authority consider it necessary or expedient for any actual or apprehended breach of planning control to be restrained by injunction, they may apply to the court for an injunction, whether or not they have exercised or are proposing to exercise any of their other powers under this Part"
The court may then grant such an injunction as it sees appropriate for the purpose of restraining the breach. Similar powers are provided for protected trees, listed buildings, conservation area consent and hazardous substances.
How we can help:
We draft the claim and other court documents
We brief counsel and attend the application hearing
We prepare witness statements for injunction proceedings.
Email email@example.com seven days a week for advice on evidence gathering and procedure
We assist with the Council report for authorisation, ensuring all human rights implications have been considered