If your local Council are seeking a planning injunction against you, Zyda Law can help. We are specialist planning solicitors and, through our Planning Helpline service, we are able to take your case for an affordable fixed fee that is less than you might think.
Call us on 0345 222 8515 for a free no obligation initial consultation today.
What is an Injunction?
An injunction is a court order requiring you to do something, or not to do something, or both. Local Council’s have a power in the Town & Country Planning Act 1990 to seek an injunction where there has been a breach of planning control, or where the Council believes that a breach is going to take place. There is no requirement for the Council to have already served a Planning Enforcement Notice or a Stop Notice. In planning cases, injunctions are usually ordered by the High Court, but they can also be made in the County Court.
Can I appeal against an Injunction?
There is a right of appeal against an Injunction to a superior court to the one that made the order (for example, if the Injunction was made by the High Court, any appeal would be made to the Court of Appeal). Permission to appeal is required either from the judge that ordered the Injunction or from the court to which the appeal is made. You should take professional legal advice if you are considering appealing against an Injunction.
What happens if an Injunction is not fully complied with?
Failure to comply with an Injunction is contempt of court. The penalties for contempt of court can be very serious and include imprisonment, a fine, or the seizure of your assets. If you have failed to comply with an Injunction you should take legal advice as soon as possible.
If your local Council has obtained, is seeking or is threatening to seek an Injunction against you, please contact us for detailed advice on your individual situation.