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Town and country planning – Enforcement of planning control. The defendants were trustees of a charitable religious trust. They had entered into undertakings pursuant to s 106 of the Town and Country Planning Act 1990 in respect of a site that they owned in east London. When the defendants breached those undertakings, the local planning authority applied to the court for a mandatory final injunction. The injunction was granted and the defendants appealed. The Court of Appeal, Civil Division, held that the judge had been correct to grant the injunction where there had been a substantial breach of the undertakings and in circumstances where the enforcement of contractual planning obligations and planning appeals (which the defendants had lodged) were separate processes. However, the judge had erred in not considering whether to suspend the operation of the injunction.
Town and country planning – Enforcement of planning control. The defendants were trustees of a charitable religious trust. They had entered into undertakings pursuant to s 106 of the Town and Country Planning Act 1990 in respect of a site that they owned in east London. When the defendants breached those undertakings, the local planning authority applied to the court for a mandatory final injunction. The injunction was granted and the defendants appealed. The Court of Appeal, Civil Division, held that the judge had been correct to grant the injunction where there had been a substantial breach of the undertakings and in circumstances where the enforcement of contractual planning obligations and planning appeals (which the defendants had lodged) were separate processes. However, the judge had erred in not considering whether to suspend the operation of the injunction.
The Bar Council is ready to support a turn to the efficiencies that will make a difference
By Louise Crush of Westgate Wealth Management
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