The judgment in Epping Forest District Council v Somani Hotels Ltd provides significant guidance on the application of Section 187B of the TCPA 1990. The court’s refusal to grant the injunction was based on the principle that injunctive relief should only be granted when it is necessary and proportionate. While the court indicated that the council may have had a reasonable basis to allege a breach of planning control (whilst being critical of the exercise of delegated powers)

The Claimant filed a claim for judicial review after the Council granted prior approval for the construction of three large polytunnels and related hard infrastructure on farmland pursuant to permitted development rights. The proposed development site is in the vicinity of the Claimant’s listed building, The Gage, and Bayford Wood, designated ancient woodland.