Injunction restraining breaches of planning control — Whether injunction required to be confined to area covered by earlier enforcement notices — Appeal dismissed
The respondent council obtained an injunction against the appellant and others to restrain continued breaches of planning control that had previously been the subject of enforcement notices. The injunction required the cessation of the movement, parking and storage of commercial vehicles on an area of land shown on an attached plan.
The appellant appealed on the ground that the injunction covered land that had not been included in the enforcement notices. Another proposed amendment was conceded by the council.
Held: The appeal was dismissed.
The judge had been entitled to find that no encroachment had taken place beyond the area covered by the enforcement notices. There was no requirement that an injunction under section 187B of the Town and Country Planning Act 1990 had to be confined to the area in respect of which an enforcement notice had been issued.
Accordingly, the injunction would be amended only in the respect conceded by the respondents.
* Editor’s note: For consistency, the parties are referred to according to their status in the initial proceedings. There were originally six defendants, but only Ashwani Kumar Prashar, originally the second defendant, appealed.
The appellant appeared in person; Jonathan Powell (instructed by the solicitor to Slough Borough Council) appeared for the respondents.
Sally Dobson, barrister
