||All England Reporter
|| All ER (D) 04 (Apr)
|| EWHC 724 (QB)
||Queen's Bench Division
||Gregory Jones and Juan Lopez (instructed by Sharpe Pritchard) for the authority.
||Alun Alesbury (instructed by Parrott-Coales, Aylesbury) for the defendants.
||2 April 2007
Town and country planning - Enforcement of planning control - Civil remedy - Breach of conditions of planning permission - Defendants asserting permission not required due to ten years continuous use - Enforcement notice issued in respect of use of land - Whether injunctions ought to be granted.
Town and country planning Enforcement of planning control. Whilst it was open to the defendants in principle both to seek planning permission and to argue that none was required, they could not do so when there was an extant enforcement notice prohibiting the very use of land that was said to have become lawful by ten years of continuous and uninterrupted use. In all the circumstances, the court would not grant an injunction that would have the effect of severely inhibiting shooting on the defendants' farm until certain noise reduction works had been completed in six or seven years time, notwithstanding the disturbance caused to local residents and the fact that a condition of the grant of planning permission required the 'implementation' of those works in the sense of their completion prior to shooting continuing to take place. However, an injunction would be granted requiring shooting to be operated at all times in compliance with the maximum noise level specified in another condition of that planning permission.
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