Judgment Approved by the court for handing down.
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Claimants had produced a very helpful and detailed skeleton argument addressing law and evidence as for a de novo hearing.
Power to Grant Injunction
26. The court’s power to grant injunctions is wide-ranging, and 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 or appoint a receiver in all cases in which it appears to the court to be just and convenient to do so.
27. However, as observed in Wolverhampton at paragraph 145, section 37 is of limited assistance as a stand-alone power due to its lack of particularity.
28. The Injunction is sought pursuant to the Local Government Act 1972, s222 and the Town and Country Planning Act 1990, s187B. The Town and Country Planning Act 1990, s187B provides: (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.
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