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by Mark O'Brien O'Reilly (Author)
This book is a practical guide to section 187B of the Town and Country Planning Act 1990 which affords Local Planning Authorities the power to seek an injunction where it is faced with an actual or apprehended breach of planning control. This book brings together the substantive principles and approach, as distilled from the various authorities, likely to be applied by the Courts in addition to addressing the procedural requirements for an application, such as service and notice of the application. It also contains a discussion of the power to seek an interim injunction and sets out invaluable guidance on the procedure to be followed where a LPA faces an urgent or imminent breach of planning control. The book also considers the law on Persons Unknown following the seminal Supreme Court decision in Wolverhampton City Council v London Gypsies and Travellers [2023] UKSC 47.
This book also considers how those who find themselves defending an application might resist the imposition of an injunction. The book, which considers the caselaw in detail as well as the relevant legislation and Civil Procedure Rules, brings together, comprehensively and for the first time, the law on section 187B. It will, therefore, be invaluable to not only LPAs but also to developers, It is essential reading for all those, including those in private practice, involved in the planning and development world who may find themselves seeking a planning injunction from the Court or resisting an application.
CONTENTS
Chapter One - Introduction
Chapter Two - Planning Control and Enforcement
Chapter Three - The Statutory Provisions
Chapter Four - When Might a Planning Injunction Be a Suitable Remedy?
Chapter Five - Considerations in Seeking an Injunction
Chapter Six - Interim Injunctions
Chapter Seven - Urgent and Without Notice Applications for an Interim Injunction
Chapter Eight - Practical Matters
Chapter Nine - Considerations in Responding to an Application for an Injunction
Chapter Ten - What Happens if an Injunction Is Not Obeyed?
Chapter Eleven - Conclusion
