000 01828cam a2200277 4500
001 ABS66831
008 030613n2003 000 0 eng u
035 _a(Sirsi) u122590
245 _aSouth Bucks DC v Porter; Wrexham CBC v Berry; Chichester DC v Searle and others
260 _c2003
490 _aWeekly Law Reports
_v[2003] 2 WLR 1547-1585(39)
520 _a[2003] UKHL 26, 22 May 2003. Appeals in three cases by local planning authorities challenging the guidance on the grant of injunctions under the Town Country Planning Act 1990 s187b ([2001] EWCA Civ 1549, Abs65647). The respondents were gypsies living on land without planning permission and in each case the local authorities were granted injunctions to restrain a breach of planning control. The gypsies appealed and won on the grounds that the judge had failed to consider the issue of proportionality and was in breach of the Human Rights Act 1998 s6(1). Held: appeals dismissed. The jurisdiction to grant an injunction under s187b was an original, not a supervisory injunction and the decision to grant an injunction was not proportionate because it failed to consider any personal hardship which would result. View judgment at www.parliament.the-stationary-office.co.uk.
590 _aABS
650 _aGYPSIES
650 _aINJUNCTION
650 _aBREACH OF PLANNING CONTROL
650 _aPROPORTIONALITY
650 _aTOWN AND COUNTRY PLANNING ACT 1990 S187(B)
650 _aHUMAN RIGHTS ACT 1998 S6(1)
650 _aWREXHAM BC V BERRY
650 _aSOUTH BUCKS DC V PORTER
650 _aCHICHESTER DC V SEARLE AND OTHERS
690 _aPlanning and development
_96259
856 _uhttps://www.parliament.the-stationery-office.co.uk/pa/ld200203/ldjudgmt/jd030522/wrex-1.htm
_zView judgment on the UK Parliament website...
942 _n0
999 _c72850
_d72850