Successful Application For a Section 187B Injunction - Chelmsford CC and Braintree DC v Mixture [2024] EWHC 1006 (KB)

30 April, 2024

The High Court (Saini J) has today handed down judgment in Chelmsford CC and Braintree DC v Mixture [2024] EWHC 1006 (KB) in which Mark O'Brien O'Reilly acted for the successful Claimants.

Successful Application For a Section 187B Injunction - Chelmsford CC and Braintree DC v Mixture [2024] EWHC 1006 (KB)

30 April, 2024

The High Court (Saini J) has today handed down judgment in Chelmsford CC and Braintree DC v Mixture [2024] EWHC 1006 (KB) in which Mark O'Brien O'Reilly acted for the successful Claimants.

The Claimants were successful in their application for a section 187B injunction to restrain actual and apprehended breaches of planning control. The judgment makes express reference to what the High Court considered to be the "concise and well-structured oral submissions" of Mr O'Brien O'Reilly. 

The application followed a protracted history of breaches of planning control, and attempts at enforcement, including the service of five enforcement notices, unsuccessful appeals to the Secretary of State and a successful prosecution in the Crown Court. The Court concluded that there had been "a serious, and flagrant, breach of planning control which needs to be remedied" and that there was also a risk of future development (paragraph 41). An injunction was, therefore, necessary and expedient (paragraph 50). The Court held that, on the facts, "an injunction appears to be the sole route for securing compliance" (paragraph 50). 

Mark O'Brien O'Reilly, instructed by Sharpe Pritchard LLP, acted for the successful Claimants. The judgment is available here