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injunctionsproportionality
South Buckinghamshire District Council v Porter & Anr
South Bucks District Council v Porter [2003] UKHL 26
Key Principle
When deciding whether to grant a planning injunction under s.187B of the Town and Country Planning Act 1990 the court exercises an original discretion and must itself consider whether the injunction (and any consequent eviction) is proportionate, including under Article 8 ECHR, weighing personal circumstances and hardship rather than merely enforcing the planning authority's decision.
Area of Law
General
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