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United Kingdom enforcement injunctiongreen belt

Surrey Heath v Shir

[2019] EWHC 3251 (QB)
JurisdictionUnited Kingdom
CourtHigh Court of Justice (Queen's Bench Division)
Year2019
StatusPersuasive authority

Key Principle

On a local planning authority's application for a final injunction under s.187B of the Town and Country Planning Act 1990 to restrain unauthorised development (here in the green belt and a heritage area), the court exercises its own discretion, considering the proportionality of injunctive relief and all the circumstances including the degree and flagrancy of the planning breach and the personal circumstances of the defendants, following South Bucks DC v Porter.

Area of Law

General

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