Jurisdiction(s):
United Kingdom

England and Wales: High Court s187B TCPA injunction with mandatory restoration for unlawful rebuilding and hardstanding on protected land; proportionality, deliberate/flagrant breach and urgency principles affirmed

Published on: 04 November 2025

Published by a LexisNexis Planning expert

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Article summary

Wealden District Council v Devall and another [2025] EWHC 2809 (KB)

What are the practical implications of this case?

For local planning authorities, this ruling still emphasises the potency of TCPA 1990, s 187B for swift, pinpointed action where operational development is underway (or imminent) in sensitive areas and there is a genuine prospect of rapid residential occupation. The court confirmed that the s 187B jurisdiction is original and discretionary, aimed at restraining contraventions where this is necessary and proportionate—therefore precise, contemporaneous proof of breach, planning harm and urgency are critical. Rebuilding that changes a structure’s external appearance constitutes “development” under TCPA 1990, s 55, and the laying of hardstanding may amount to an engineering/operational operation; both usually require permission unless permitted development applies—points best supported by dated photographs and officers’ notes. For developers and landowners, the takeaway is straightforward: commencing works despite officer advice that permission is needed is liable to be viewed as deliberate and “flagrant”, pushing the proportionality assessment towards injunctive relief, which can extend to mandatory restoration of site. Personal circumstances are taken into account, but attract modest weight where no settled home exists and the public interest in maintaining planning control is compelling; the court...

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