Article 4 Planning and Compensation Act 1991

After Order 109, there shall be inserted the following new Order—

“ORDER 110

ENVIRONMENTAL CONTROL PROCEEDINGS

Injunctions to prevent environmental harm

1

(1)

An injunction under—

(a)

section 187B or 214A of the Town and Country Planning Act 1990^f1;

(b)

section 44A of the Planning (Listed Buildings and Conservation Areas) Act 1990^f2; or

(c)

section 26AA of the Planning (Hazardous Substances) Act 1990^f3 applicant; and in the following provisions of this rule such an injunction against such a person is referred to as “an injunction under paragraph (1)”, and the person against whom it is sought is referred to as “the defendant”.

(2)

An applicant for an injunction under paragraph (1) shall, in the originating summons commencing the application, describe the defendant by reference to—

(a)

a photograph,

(b)

a thing belonging to or in the possession of the defendant, or

(c)

any other evidence, the form of originating summons used (which may be in Form No. 8, Form No. 10 or Form No. 11 in Appendix A, as appropriate) shall be modified accordingly.

(3)

An applicant for an injunction under paragraph (1) shall file in support of the originating summons evidence by affidavit—

(a)

verifying that he was unable to ascertain, within the time reasonably available to him, the defendant’s identity,

(b)

setting out the action taken to ascertain the defendant’s identity, and

(c)

verifying the means by which the defendant has been described in the originating summons and that the description is the best that the applicant is able to provide.

(4)

Paragraph (2) is without prejudice to the power of the Court to make an order for substituted service or dispensing with service.”.