East Hampshire DC v Davies
East Hampshire DC v Davies
- 1991
- Estates Gazette (1991) 10 EG 149-158(3) .
CA 20 November 1990. Appeal by East Hampshire DC (E) against a HC decision dismissing an application for an interlocutory injunction restraining the defendant Davies (D) from using a site as a winter stopover for mobile homes and caravans . D purchased the land whilst already subject of an enforcement notice under Town and Country Planning Act 1971 . E issued three summonses against the defendant for failure to comply with the enforcement notice served on his predecessor and issued a writ claiming an injunction restraining D from residing or storing mobile homes on the site. D applied for planning permission and was refused. Three further enforcement notices were served on D as the present owner. CA considered American Cyanamid Co v Ethicon Ltd applying the principle of balance of convenience . Amongst the key factors considered were whether damages would be an adequate remedy and the appropriateness of granting injunctions to a local authority before trying the effect of criminal pr
CA 20 November 1990. Appeal by East Hampshire DC (E) against a HC decision dismissing an application for an interlocutory injunction restraining the defendant Davies (D) from using a site as a winter stopover for mobile homes and caravans . D purchased the land whilst already subject of an enforcement notice under Town and Country Planning Act 1971 . E issued three summonses against the defendant for failure to comply with the enforcement notice served on his predecessor and issued a writ claiming an injunction restraining D from residing or storing mobile homes on the site. D applied for planning permission and was refused. Three further enforcement notices were served on D as the present owner. CA considered American Cyanamid Co v Ethicon Ltd applying the principle of balance of convenience . Amongst the key factors considered were whether damages would be an adequate remedy and the appropriateness of granting injunctions to a local authority before trying the effect of criminal pr