The High Court in Buckinghamshire Council v Barrett  EWHC 140 (KB) was concerned with an application for an injunction pursuant to section 187B of the Town and Country Planning Act 1990. The High Court granted a final mandatory injunction against the named defendant requiring the removal of elements which had been brought onto the site in breach of planning control. The High Court also granted a final restraining injunction which restrains future breaches of planning control. Mark O’Brien O’Reilly, who acted for the Council throughout the proceedings, including securing an interim injunction at an early stage of the proceedings, successfully represented the Council in these applications.
The Court gave Michael Rhimes permission to address the court on the Council’s application for an injunction against Persons Unknown which was ultimately unsuccessful. The High Court considered the Supreme Court judgment in Wolverhampton which had been handed down shortly before the hearing and held, in light of that judgment, that there was no compelling need for an injunction against Persons Unknown in addition to the injunction against Mr Barrett. The High Court also considered the length of the proposed injunction against Persons Unknown and the procedural steps taken by the Council prior to the application being made. An interim injunction had been granted against Persons Unknown by the High Court.
The judgment will be of interest to those seeking (or advising on) applications against Persons Unknown in the light of the recent decision in Wolverhampton City Council.
Mark O’Brien O’Reilly instructed by Sharpe Pritchard LLP, acted for the Claimant, the local planning authority, Buckinghamshire Council.
Michael Rhimes, instructed by Aston Bond, acted for the first named Defendant, Mr Jimmy Barrett