The claimant brought proceedings in the Administrative Court by way of Part 8 claim seeking to establish by way of declaration that a planning appeal rejected by the Secretary of State in August 2000 as being out of time had in fact been commenced within time.
Held: The proceedings had been brought in that form simply in order to circumvent the time limit imposed by Part 54 of the Civil Procedure Rules and ought therefore to be struck out. It was an abuse of process to seek to decide an issue of public law by means of a private law action such as an application for a declaration.
Judges:
Jackson J
Citations:
[2001] EWHC (Admin) 669
Jurisdiction:
England and Wales
Cited by:
Cited – Stancliffe Stone Company Ltd v Peak District National Park Authority QBD 22-Jun-2004
The claimants sought a declaration. Planning permission had been confirmed for four mineral extraction sites by letter in 1952. In 1996, two were listed as now being dormant. The claimant said the letter of 1952 created on single planning permision . .
Lists of cited by and citing cases may be incomplete.
Planning, Administrative
Updated: 11 October 2022; Ref: scu.228575