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High Court grants interlocutory injunctive reliefs restraining the continued operation of quarrying activities by a limited company until the trial of the proceedings, sought by a county council who inspected the respondent's site and observed extensive quarrying activities taking place, on the grounds that: (1) there is a serious issue to be tried concerning the respondent's entitlement to revert back to its 'pre-1964 user' status concerning its activities once previous planning permission expired in 2018; (2) damages would be an inadequate remedy for the applicant where the public interest lies in discouraging persons from flouting planning laws and by so doing to uphold environmental concerns at the subject site; and (3) any 'pre-1964 user' status has been superseded by subsequent planning permissions granted in 2008 and 2013, and the respondent has articulated a clear intention to flout planning laws by continuing such quarrying activities until it can carry out its commercial activities at another location.
Planning and development - interlocutory injunction - restraint from carrying on alleged unauthorised quarrying - whether pre-1964 user applies - whether quarry operation amounts to a 'material change' such as would require planning permission - planning board refused permission to carry out quarrying works at site - current works being carried out at alleged 'extended area' of site - planning history of site in issue - directions to cease quarrying at site issued by respondent - site inspection - nature of site activities observed - whether alleged pre-1964 user is artificial and incorrect as a matter of law - test for an interlocutory injunction - public interest in ensuring quarry operation is carried on in a lawful manner - likelihood of further damage to environment - serious question to be tried - strong evidence that respondent is working entire site including the 'extended area' - whether respondent entitled to revert to previous position carrying out works on original area once previous planning permission expired in June 2018 - no evidence proposed of alleged scope of pre-1964 envelope - creation of 'new planning unit' extinguishes previously existing use rights attaching to land - prior planning condition requiring cessation of quarrying in absence of further planning permission - no attempt to recommence works was made until further planning application was refused to respondent - applicant in a position to meet an award of damages - damages as a remedy would be inadequate to applicant if planning laws were permitted to be flouted - clear intention to flout planning laws and to continue commercial activities - balance of justice lies in favour of grant of interlocutory injunctive reliefs
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