Approved Judgment
28. It is acknowledged that there have been some unauthorised encampments since the grant of the Injunction in 2024. There were two in May 2024, one in September 2024, one in October 2024 and two in February 2025. But, as those figures demonstrate, these were much less frequent than had occurred hitherto. In addition, all of them were smaller in size and all were resolved in a matter of hours. Relevant Legal Principles 29. Against that factual background, I set out what seem to me the relevant legal principles on the following three topics: (i) The Court’s power to grant injunctive relief and the entitlement of local authorities to seek that relief; (ii) The proper approach to applications against persons unknown; and (iii) The test to be applied to renewed applications for injunctions against persons unknown. (i) The power to grant and the entitlement to seek 30. The court’s power to grant injunctions is derived from the Senior Courts Act 1981, s37, which provides: (1) The High Court may by order (whether interlocutory or final) grant an injunction … in all cases in which is appears to the court to be just and convenient to do so. 31. The authority of a local authority to seek injunctive relief in cases like the present stems from s187B of the Town and Country Planning Act 1990, which provides that: (1) Where a local planning authority consider it necessary or expedient for any actual or apprehended breach of planning control to be restrained by injunction, they may apply to court for an injunction, whether or not they have exercised or are proposing to exercise any of their powers under this Part. (2) On an application under subsection (1) the court may grant such an injunction as the court thinks appropriate for the purpose of restraining the breach. (3) Rules of court may provide for such an injunction to be issued against a person whose identity is unknown. (4) In this section “the court” means the High Court or the county court. 32. Pursuant to s57(1) of the Town and Country Planning Act 1990 planning permission is required for the carrying out of any development of land. ‘Development’ is defined to include the carrying out of any building operation on, over or under land or the making of any material change of use of land ( s55(1) ), and the depositing of refuse or waste materials on land ( s55(3)(b) ). Planning permission may be obtained by way of express grant, or by way of deemed grant through permitted development rights. Carrying out development without the required planning permission constitutes a breach of planning control ( s171A(1) ).
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