A Practical Guide to Injunctions Pursuant to Section 187B of the Town and Country Planning Act 1990

This book is a practical guide to section 187B of the Town and Country Planning Act 1990 which affords Local Planning Authorities the power to seek an injunction where it is faced with an actual or apprehended breach of planning control. This book brings together the substantive principles and approach, as distilled from the various authorities, likely to be applied by the Courts in addition to addressing the procedural requirements for an application, such as service and notice of the application. It also contains a discussion of the power to seek an interim injunction and sets out invaluable guidance on the procedure to be followed where a LPA faces an urgent or imminent breach of planning control. The book also considers the law on Persons Unknown following the seminal Supreme Court decision in Wolverhampton City Council v London Gypsies and Travellers [2023] UKSC 47.

This book also considers how those who find themselves defending an application might resist the imposition of an injunction. The book, which considers the caselaw in detail as well as the relevant legislation and Civil Procedure Rules, brings together, comprehensively and for the first time, the law on section 187B. It will, therefore, be invaluable to not only LPAs but also to developers, It is essential reading for all those, including those in private practice, involved in the planning and development world who may find themselves seeking a planning injunction from the Court or resisting an application.

ABOUT THE AUTHOR

Mark O’Brien O’Reilly is a leading barrister with a growing reputation for experience and skill beyond his call. He is ranked as one of the top junior planning barristers in the country by Planning Magazine’s Planning Law Survey 2024 (and also holds a ranking as one of the top ten planning barristers under the age of 35 with Planning Magazine noting his particular injunction expertise). The High Court has described his submissions as “concise and well-structured”. Clients have praised him as “commercial” and “user friendly”. Mark regularly appears at planning inquiries concerning a broad range of developments. He also has a busy High Court practice and is regularly called upon, often urgently, to advise upon and obtain High Court planning injunctions (and has acted in many of the recent reported cases concerning section 187B injunctions). He has a broad range of clients ranging from developers, renewable energy companies and landowners to local residents. He has extensive experience of acting for, and advising, central government and local government (and has acted for many London boroughs). He is a First-Class Honours graduate of University College Dublin (BCL Law with History) and the University of Cambridge (LLM). Mark was called to the Bar of Ireland in July 2023.

CONTENTS

Chapter One – Introduction
Chapter Two – Planning Control and Enforcement
Chapter Three – The Statutory Provisions
Chapter Four – When Might a Planning Injunction Be a Suitable Remedy?
Chapter Five – Considerations in Seeking an Injunction
Chapter Six – Interim Injunctions
Chapter Seven – Urgent and Without Notice Applications for an Interim Injunction
Chapter Eight – Practical Matters
Chapter Nine – Considerations in Responding to an Application for an Injunction
Chapter Ten – What Happens if an Injunction Is Not Obeyed?
Chapter Eleven – Conclusion