High Court Continues Interim Injunction Following Unauthorised Encroachment of a Gypsy and Traveller Site onto Neighbouring Land

22 March, 2023

The High Court has continued an interim injunction relating to unauthorised development without planning permission. The interim injunction was initially granted by the High Court at a without notice urgent hearing. 

High Court Continues Interim Injunction Following Unauthorised Encroachment of a Gypsy and Traveller Site onto Neighbouring Land

22 March, 2023

The High Court has continued an interim injunction relating to unauthorised development without planning permission. The interim injunction was initially granted by the High Court at a without notice urgent hearing. 

The subject matter related to an unauthorised encroachment by a gypsy and traveller site onto adjacent land without planning permission. 
The Council’s substantive application is for an injunction pursuant to section 187B of the Town and Country Planning Act 1990. The High Court found, however, in applying the well known three limb test set out in American Cyanamid Co v Ethicom Ltd [1975] AC 396 that it was just and convenient for the Court to grant interim injunctive relief. 

This case demonstrates the effectiveness of interim injunctive proceedings in restraining actual and apprehended breaches of planning control. 

Mark O’Brien O’Reilly, instructed by Sharpe Pritchard LLP, acted for the successful Claimant, Buckinghamshire Council.