[2012] EWHC 1669 (QB)

The court declined to commit a landowner to prison for contempt of court in breaching an injunction prohibiting the residential use of the land without express planning permission. The local authority, who had sought the committal, had failed to discharge the burden on it of proving, to the criminal standard, that the landowner lacked an honest belief that the injunction was discharged or that the land, once sold, would not be occupied unlawfully by others.

QBD (Judge Moloney QC)

23/04/2012