Court grants final injunction in Surrey Heath Borough Council planning and building control case

Introduction

The High Court has granted a final injunction in a case involving Surrey Heath Borough Council against the owner of land on the east side of Mytstrou, Centaur Estates Ltd, and Anatoly Belnik, for breaches of planning and building control. The case was heard by His Honour Judge Tariq Sadiq, sitting as a High Court Judge.

Background

The case concerned a property known as The Laurels, located in Mytchett, Camberley, Surrey. Originally part of a larger landholding, the property was transferred to Centaur Estates Ltd in May 2023. The Third Defendant, Anatoly Belnik, is the owner and sole director of Centaur Estates Ltd.

Planning History

Planning permission was granted in December 2020 for extensions to the property, but the defendants were found to have constructed a separate dwelling instead. This constituted a material change of use, requiring additional planning permission under the Town and Country Planning Act 1990, which was not obtained.

Stop Notice and Interim Injunction

A Stop Notice was served by the Council in July 2024 due to contraventions of building regulations, particularly concerning fire safety. An interim injunction was granted in October 2024, prohibiting occupation of the property until the breaches were remedied.

Legal Framework

The court considered the relevant provisions of the Town and Country Planning Act 1990 and the Building Act 1984. The leading authority on planning injunctions, South Bucks DC v Porter, guided the court's discretion in granting the injunction.

Court's Decision

The court found that the breaches of planning and building control were serious and flagrant. The defendants had allowed occupation of the property despite the Stop Notice, and the risks to public safety were deemed significant. The court ruled that it was just to grant the final injunction to prevent further harm.

Conclusion

The final injunction was granted, requiring the defendants to remedy the breaches before any further occupation or construction could occur. The decision underscores the importance of compliance with planning and building regulations to safeguard public safety and environmental interests.

Learn More

For more information on planning and building control regulations, see BeCivil's guide to Resolving Construction Disputes.