Braintree District Council (appellant) v Secretary of State for the Home Department and another (respondents)

Monday 12 June 2023

The Appellant appeals the order of Waksman J. of 21 April 2023 by which he struck out the Claimant’s statement of case pursuant to CPR 3.4 on the grounds that the Claimant has not received consent from the appropriate authority to make the application pursuant to section 296A(2) of the Town and Country Planning Act 1990 and ordered costs in favour of the Respondent.

The Appellant had sough an injunction pursuant to 187B of the Town and Country Planning Act 1990 to stop an apprehend breach of planning control on Crown Land. The Respondent proposed to use the site to provide accommodation for up to 1,700 male asylum seekers.

View hearing:

Part 1

Part 2