London Borough of Newham v Zulfiqar Ali [2014] EWCA Civ 676
The Court of Appeal allowed an appeal by the trustees of land at Abbey Mills Riverine Centre, London E15, used as a mosque, against the lower court’s grant of an immediately effective injunction requiring use of the mosque to cease and all buildings associated with faith use to be demolished. The injunction was granted to enforce a planning obligation made under s.106 of the Planning Act. Although the Council was only seeking to enforce the terms of an agreement previously made by the trustees and there was no defence to the grant of an injunction, the Court retained a discretion, to be exercised sparingly, to suspend the effect of any injunction. In this case, it was right to suspend the injunction until after the Secretary of State had determined a planning appeal against the Council’s refusal to grant planning permission for permanent faith based use of the land. Timothy Fancourt QC acted for the successful appellants.
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