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 to appeal under section 289, should proceed as an application under section 288.
Citations:
Times 20-Dec-2000, [2000] EWCA Civ 323
Links:
Statutes:
Town and Country Planning Act 1990 288 289, Civil Procedure Rules Part 1.1(1) 1.2 17.4
Jurisdiction:
England and Wales
Planning, Litigation Practice
Updated: 23 May 2022; Ref: scu.135643