A planning injunction is a court order that prevents or restricts a development project believed to be in violation of planning laws or regulations. Generally, they are sought to halt or control the project until a court can determine whether it complies with planning regulations.
Any individual or organization with a legitimate interest can apply for a planning injunction. This includes ordinary citizens, residents, community groups, or environmental organisations.
On what grounds can one be sought?
An injunction can be sought if it is believed that a development project poses a significant risk of harm, such as environmental damage, public health concerns, or violation of planning regulations. The grounds must be legitimate and supported by evidence.
What is the legal process ?
The process involves filing an application in the appropriate court outlining the reasons for seeking the injunction and providing evidence. Legal representation is typically advisable.
How does the court decide whether to grant an injunction?
The court will consider whether the development breaches planning laws and whether the harm that could be caused outweighs the benefits. Public interest is a crucial factor in the decision.
What costs or compensation may be involved in the process of seeking a planning injunction?
The court may require the party seeking the injunction to provide security for potential damages or costs incurred by the other party if the injunction is later found to be unjustified.
How can an ordinary citizen prepare for obtaining a planning injunction?
It is highly advisable for an ordinary citizen in to consult with a solicitor before seeking a planning injunction.
As planning injunctions involves a formal legal process, including court proceedings, you will want the expertise of solicitor to guide you through the legal processes and help you understand the complex legal issues involved in seeking a planning injunction.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*