KB--2025-001314 - [2025] EWHC 2809 (KB)

South Buckinghamshire District Council v Porter & Others [2003] 2 A.C. 558 (“South Bucks”) is authority for the following propositions:

S.187B confers on the court an original and discretionary, not a supervisory, jurisdiction, to be exercised with due regard to the purpose for which it was conferred, to restrain actual or threatened breaches of planning control;

It was inherent in the injunctive remedy that its grant depended on the court's judgement of all the circumstances of the case;

Although the court would not examine matters of planning policy and judgment (which lay within the exclusive purview of the authorities responsible for administering the planning regime), the court was not obliged to grant relief because a planning authority considered it necessary or expedient to restrain a planning breach; and

The court would have regard to all, including the personal, circumstances of the case, was required by s.6 Human Rights Act 1998 to act compatibly with Convention rights, and, having regard to the right guaranteed in article 8 ECHR, the court would only grant an injunction where it was just and proportionate to do so.