South Bucks District Council v Porter

Additional names

Chichester District Council v Searle
Hertsmere Borough Council v Harty
Wrexham County Borough Council v Berry

Subject Matter

PLANNING — Planning control — Breach — Local authority's application for injunction — Gipsies occupying mobile homes on own land in breach of planning control — Whether court obliged to consider likely effect of injunction and any penalties for infringement on gipsies' right to respect for home and family life — Whether environmental considerations outweighing gipsies' human rights — Town and Country Planning Act 1990, s 187B (as inserted by Planning and Compensation Act 1991, s 3) — Human Rights Act 1998, s 6(1), Sch 1, Pt I, art 8

[2001] EWCA Civ 1549; [2002] 1 WLR 1359; [2002] 1 All ER 425; [2002] LGR 443, CA

[2003] UKHL 26; [2003] 2 AC 558; [2003] 2 WLR 1547; [2003] 3 All ER 1; [2003] LGR 449, HL(E)

Commentary

Blackstones Civil Practice 2023
Application of the Overriding Objective - Proportionality: examples 1.34

Statutory Authority 37.14

Injunctions 4.14

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