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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can an unincorporated not for profit association get an injunction

Resolved Question:

Can an unincorporated not for profit association get an injunction on a local authority planning decision if there are grounds to show that full information was withheld from councillors on a planning decision?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Can you not appeal the decision instead please?

Customer:

No the decision was made and then called in by the Theatres Trust and turned down by the SecretaryofState. But when the council was deliberating several points of a serious nature were not disclose to the planning committee and we believe that had they been made aware the decision might have been reversed. We have met with the chair of planniong who is sympathetic but if he cannot achieve anything h we want to know whether an injunction could be issued.

Alex Watts :

Thank you. It would then be possible to seek an injunction pending a review of the decision

Alex Watts :

You would need to complete forms N208

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf

Alex Watts :

And form N16a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

The Council should be put on notice of your intention to apply for an injunction

Alex Watts :

The court will list the matter for a hearing and decide whether an injunction is desirable given the circumstances

Alex Watts :

If so then the Court will grant one

Alex Watts :

The matter will be set down for a final hearing where a Judge will decide the issues

Alex Watts :

Clearly you will need a Solicitor given the Court rules and paperwork that needs to be complete

Alex Watts :

* completed *

Alex Watts :

But if you win overall then you can seek these costs back

Alex Watts :

Can I clarify anything for you about this today please?

Ash and 2 other Law Specialists are ready to help you