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Huggett v Secretary of State for the Environment Etc; Wendy Fair Markets Ltd v Same; Bello v Etc: CA 1 Mar 1995

There is no power for Court of Appeal itself to give leave to appeal after High Court’s refusal of leave on an enforcement notice. The court rejected the applicant’s submission that a High Court judge’s decision refusing permission to appeal under section 289 fell within section 16 of the 1981 Act. The Master of the … Continue reading Huggett v Secretary of State for the Environment Etc; Wendy Fair Markets Ltd v Same; Bello v Etc: CA 1 Mar 1995

Practice Direction Leave to Apply for Judicial Review: CA 2 Nov 1994

Detailed procedures were set out on applying for leave for judicial review in planning cases. Citations: Independent 02-Nov-1994 Statutes: Town and Country Planning Act 1990 289 Jurisdiction: England and Wales Planning Updated: 26 October 2022; Ref: scu.84923

Searle and Another v Secretary of State for Communities and Local Government and Another: Admn 16 Aug 2012

Judges: Edwards-Stuart J Citations: [2012] EWHC 2269 (Admin), [2013] PTSR D4 Links: Bailii Statutes: Town and Country Planning Act 1990 289 Jurisdiction: England and Wales Planning Updated: 18 June 2022; Ref: scu.463652

Prashar v Secretary of State For Environment, Transport and Regions: CA 2 Feb 2001

The court had before it three applications for leave to appeal. Each raised the problem of whether, where a High Court judge has considered an application for permission to appeal under section 289 of the 1990 Act, an appeal can be lodged against the refusal of that judge to grant such permission. Judges: Kay LJ … Continue reading Prashar v Secretary of State For Environment, Transport and Regions: CA 2 Feb 2001

Taylor v Secretary of State for the Environment Transport and the Regions and Another: QBD 30 Jan 2001

An area with a hard surface which was used as a hard standing for feeding sheep, and which was formed by deposit of builder’s rubble was not a habitation and therefore was not used for the accommodation of sheep. Since the landowner was entitled to create such a surface, and entitled to use such waste … Continue reading Taylor v Secretary of State for the Environment Transport and the Regions and Another: QBD 30 Jan 2001

Miaris v The Secretary of State for Communities and Local Government and Others: Admn 17 Jul 2015

The grant of a permission to appeal on a second occasion was not to be quashed under the 1999 Act. John Howell QC HHJ [2015] EWHC 2094 (Admin), [2015] WLR(D) 319, [2015] 1 WLR 4333 Bailii, WLRD Access to Justice Act 1999 55(1), Town and Country Planning Act 1990 289(6) Planning, Litigation Practice Updated: 02 … Continue reading Miaris v The Secretary of State for Communities and Local Government and Others: Admn 17 Jul 2015

Wall and Others v Winchester City Council and Another: CA 17 Mar 2015

Appeal from an order allowing Winchester City Council’s appeal, under section 289 of the Town and Country Planning Act 1990 against a decision of one of the Secretary of State’s Planning Inspectors to allow the respondent’s appeals against six enforcement notices (enforcement notices A to F) issued by the Council in respect of land at … Continue reading Wall and Others v Winchester City Council and Another: CA 17 Mar 2015

Thurrock Borough Council v Secretary of State for the Enviroment, Transport and The Regions ex parte Terry Holding: CA 13 Dec 2000

Where the claimant was not out of time to bring an appeal, or he retained the right of appeal, or the works proposed involved were not new, and no amendment or substitute of a new claim was proposed, the court should exercise its discretion to amend the claim form so that an application for permission … Continue reading Thurrock Borough Council v Secretary of State for the Enviroment, Transport and The Regions ex parte Terry Holding: CA 13 Dec 2000

ISKCON v United Kingdom: ECHR 8 Mar 1994

(Commission) A local authority had served an enforcement notice on ISKCON alleging a material change of use of the land. ISKCON appealed against the notice under section 174(2) of the Town and Country Planning Act 1990 and after a report by an inspector the Secretary of State largely confirmed the enforcement notice. The High Court … Continue reading ISKCON v United Kingdom: ECHR 8 Mar 1994

O’Flynn v Secretary of State for Communities and Local Government and Another: Admn 17 Nov 2016

The Claimant applied under section 288 of the TCPA 1990 to quash the decision of the First Defendant, made on his behalf by an Inspector, in which he dismissed the Claimant’s appeal from the Second Defendant’s refusal to grant him a certificate of lawful existing use or development, pursuant to section 191 TCPA 1990. Lang … Continue reading O’Flynn v Secretary of State for Communities and Local Government and Another: Admn 17 Nov 2016

Walsall Metropolitan Borough Council v Secretary of State for Communities and Local Government: CA 6 Feb 2013

The Council sought permission to appeal against the setting aside of two enforcement notices, leave having been refused by the Administrative court. The court now considered whether it had jusridiction, and whether the rule in Lane v Esdaile was to . .