Croydon London Borough Council v Gladden and Another
| Jurisdiction | England & Wales |
| Judgment Date | 07 February 1994 |
| Date | 07 February 1994 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Dillon, Lord Justice Stuart-Smith and Lord Justice Hobhouse
Planning - breach of planning control - power to grant mandatory injunction
Section 187(B) of the Town and Country Planning Act 1990, as inserted by section 3 of the Planning and Compensation Act 1991, was drawn on the statutory assumption that an actual, as well as an intended, breach of planning control could be restrained by injunction, and the section therefore did not exclude the grant of mandatory injunctions under it.
The Court of Appeal so held in dismissing an appeal by the defendants, Mr John Gladden, and his son, Mr Gary Gladden, against injunctions granted against them at Croydon County Court by Mr Recorder W E Burnett, QC, on an application by the plaintiffs, Croydon London Borough Council.
Mr Ashley Underwood and Miss Lisa Giovannetti for the defendants; Mr Robert Gray, QC and Mr Michael Druce for the council.
LORD JUSTICE DILLON said that 42 St Oswald Road, Norbury, London, was, before the acts with which the appeal was concerned, an ordinary semi-detached house in a quiet residential part of the council's area. It was the home of both defendants.
In November 1992 the council received a complaint that a 14-foot long fibreglass replica of a fish had been fixed to the roof of a single storey extension there. That had been done without planning permission.
On January 11, 1993 Mr John Gladden submitted a planning application seeking retrospective consent for the retention of the fish. That was refused by the council, Mr Gladden appealed and a public enquiry on the appeal was held in January 1994. The outcome of the appeal was not yet known.
In March 1993 Mr John Gladden put up on the front garden of 42 St Oswald's Road large replicas of a military tank, a rocket type missile and a large inflatable figure of Winston Churchill. All that was without planning permission.
The missile and the figure of Churchill were removed in compliance with an enforcement notice and they were placed on vehicles parked on the road. A further enforcement notice was served in respect of the tank, which had since been removed. Mr Gladden had also fixed to the roof of 42 St Oswald's Road a large wooden replica of a spitfire.
The council made a further application to the county court for injunctions against the defendants and the recorder granted the injunctions now appealed against: (a)...
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Kingston and St. Andrew Corporation v Ian Folkes, Collette Allegro Folkes & Andrew Willis
...Claim and ordered that the substantive hearing proceed. I found certain dicta in the English Court of Appeal case of London Borough of Croydon v. Gladden and Another (1994) 68 P. & C.R. 300 useful. In considering an application for an injunction under section 187 B of the U.K. Town and Coun......