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Art installation comprising sharks on pontoons in Regent’s Canal capable of constituting material change of use (Hackney LBC v Shiva Ltd)

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Published on: 21 September 2020

Published by a LexisNexis Planning expert

Table of contents

What are the practical implications of this case?
What was the background?
Legislative background
Factual background
What did the court find?
Serious issue to be tried?
Balance of convenience
Scope of injunctive relief
Case details

Article summary

Planning analysis: In Hackney LBC v Shiva, the High Court permitted the continuation of the prohibitory provisions of an interim injunction and granted mandatory relief to remove four polystyrene sharks, mounted on pontoons, from a stretch in the Regent’s Canal in Hackney. The installation of the sharks was capable of constituting a material change of use, yet no planning permission had been applied for.

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