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.