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South Bedfordshire District Council v John Price [2006] EWCA Civ 493

It would only be right to suspend a committal order, made for failure to comply with an injunction restraining breach of planning control, pending the result of a planning appeal if there were evidence showing a substantial likelihood that the planning appeal would succeed.

12 May 2006

The appellants (P) appealed against committal orders and sought permission to appeal against the refusal to vary or discharge an injunction restraining breaches of planning control ([2005] EWHC 2031 (QB)). P lived in caravans and mobile homes on land in the green belt, the use of which for residential purposes was in breach of planning control. After a public inquiry, planning permission and P’s appeal against an enforcement notice had been refused. P had been given 18 months to cease residential use of the land, but had remained in occupation after that period had expired. The local authority had obtained an injunction under s 187B of the Town and Country Planning Act 1990, and when P failed to comply with its terms the authority sought committal orders. P had made a new planning application that had been refused. P appealed against that refusal and also applied to discharge or vary the injunction. The judge refused to vary or suspend the injunction and made committal orders susp...

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