13. The underlying cause of action in the claim brought under section 187B is a breach of planning control.
14. The Town and Country Planning Act 1990 at section 55(1) defines development as:
"… the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land."
15. Section 55(3) of the Town and Country Planning Act 1990 provides:
"For the avoidance of doubt it is hereby declared that for the purposes of this section—
(a) ...
(b) the deposit of refuse or waste materials on land involves a material change in its use, notwithstanding that the land is comprised in a site already used for that purpose, if—
(i) the superficial area of the deposit is extended, or
(ii) the height of the deposit is extended and exceeds the level of the land adjoining the site."
16. Pursuant to the Town and Country Planning Act 1990, section 57(1), planning permission is required for the carrying out of any development of land. Planning permission may be obtained by express grant or by deemed grant through permitted development rights. Carrying out development as defined in the Act without the required planning permission constitutes a breach of planning control; see section 171A(1). The breaches of planning control complained of in the claim in which the injunction was sought and in this application seeking the continuation of the injunction are primarily the material change in the use of the relevant land to a temporary travellers' site and by the depositing of refuse or waste materials without the requisite planning permission.
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