[2025] EWCA Civ 1134

In the light of the view we have formed on the other grounds of appeal, it is unnecessary to deal with Somani’s third ground of appeal, arguing that the judge was wrong to hold that a stop notice was not available to the Council because of the statutory time bar when the alleged breach of planning control has been going on for four years. We would only add that even if the judge was wrong on this point, it seems counter-intuitive that it can be an argument against the grant of an interim injunction under section 187B of the 1990 Act that the local planning authority ought instead to have used the more draconian remedy of a stop notice. The policy arguments against such a notice being appropriate to resolve a dispute about the housing of asylum seekers might be even stronger. But these are questions to be decided in another case, should they arise for decision.