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Hart District Council v Benford and others

Language: English Publication details: 2006Subject(s): Online resources: Summary: [2006] EWHC 240, 22 February 2006. Considers whether granting an injunction to restrain land owners from using their agricultural land for motorcycling activities would be appropriate where there was no evidence that the activities fell within the14-day permitted use rather than the 28-day permitted use under the Town and Country Planning (General Permitted Development) Order Sched 2 para B. H applied for an injunction under the Town and Country Planning Act 1990 s187B to prevent B using their agricultural land for motor cycling activities for more than the 14 days permitted by Sched 2 para B of the Order and to remove earth mounds built for these activities. H submitted that the injunction should be granted as B had exceeded and was likely to carry on exceeding the permitted use of the land and had also breached an enforcement notice by constructing the earth mounds. "Held": the granting of an injunction was inappropriate because the evidence did not support H's contention that the motorcycling activities fell within the14-day as opposed to 28-day permitted use. It would also not be just and proportionate on the evidence to remove the earth mounds at the instant stage.
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Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 132925-2001

[2006] EWHC 240, 22 February 2006. Considers whether granting an injunction to restrain land owners from using their agricultural land for motorcycling activities would be appropriate where there was no evidence that the activities fell within the14-day permitted use rather than the 28-day permitted use under the Town and Country Planning (General Permitted Development) Order Sched 2 para B. H applied for an injunction under the Town and Country Planning Act 1990 s187B to prevent B using their agricultural land for motor cycling activities for more than the 14 days permitted by Sched 2 para B of the Order and to remove earth mounds built for these activities. H submitted that the injunction should be granted as B had exceeded and was likely to carry on exceeding the permitted use of the land and had also breached an enforcement notice by constructing the earth mounds. "Held": the granting of an injunction was inappropriate because the evidence did not support H's contention that the motorcycling activities fell within the14-day as opposed to 28-day permitted use. It would also not be just and proportionate on the evidence to remove the earth mounds at the instant stage.