Wrexham County Borough Council v Berry; South Bucks District Council v Porter; Chichester District Council v Searle & Ors [2003] UKHL 26
The point in plain English: A planning injunction under section 187B is not automatic merely because the council wants one. The court has its own discretion and must decide whether the injunction sought is just and proportionate in the circumstances.
What the House of Lords decided
These three joined appeals concerned injunctions against unauthorised residential caravan occupation. The House of Lords confirmed that the court’s jurisdiction under section 187B is original, not merely supervisory. The court does not re-decide the planning merits, but it can and must consider matters such as hardship, personal circumstances, the planning history, the seriousness and persistence of the breach, alternative remedies and proportionality.
A history of deliberate non-compliance or ineffective ordinary enforcement can weigh strongly in favour of an injunction. Equally, the court should not make an order lightly where the consequences for the individual are severe.
Why this case matters
The judgment remains a leading authority on the breadth of the court’s discretion under section 187B and on the distinction between planning merits, which remain for planning decision-makers, and the court’s decision whether coercive injunctive relief is appropriate.
See Planning Geek’s guide to planning injunctions.
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