Grounds for challenge to order to demolish house were frivolous and vexatious

The Court of Appeal dismissed the plaintiffs’ appeals against a High Court decision that struck out their action as frivolous, vexatious, and an abuse of process. The plaintiffs, who had constructed a large unauthorised house after their planning application was refused, sought to set aside previous court orders—including consent orders—requiring demolition of the unauthorised development and challenged the constitutionality of the enforcement process. The Court of Appeal upheld the High Court's finding that the plaintiffs' case rehashed previously decided issues, relied on arguments that could and should have been made earlier, and failed to present genuinely new evidence. The court concluded that there was no valid basis to disturb the original enforcement orders and that the plaintiffs’ attempts amounted to an improper collateral attack on planning and judicial decisions. Costs were awarded to the local authority.