[2006] EWCA Civ 493, 5 May 2006. Considers whether a committal order made for failing to comply with an injunction restraining breach of planning control should be suspended pending the result of a planning appeal. P had appealed against committal orders and sought permission to appeal against the judge's refusal to vary or discharge an injunction restraining breach of planning control ([2005] EWHC 2031 (QB), L131328). The judge refused to vary or discharge S's injunction against P and made committal orders, suspended for two months. P contended that the committal order be suspended until the outcome of his appeal was known and that policy changes as expressed in ODPM Circular 01/06 made it much more likely that at least a temporary permission would be obtained. "Held": appeal dismissed. The judge's refusal to suspend the injunction could not be said to be wrong on any basis. Permission to appeal on that issue was refused. It would only be right to suspend the committal order pending the planning appeal result if there was clear evidence that the appeal would succeed. he new circular would not markedly strengthen its chances of success.