Administrative Court Guidance
Application and Appeal under s289 Town and Country Planning Act 1990
This is a challenge to an inspector's decision letter on appeal from an enforcement notice. Permission of the Court is required to bring such an appeal.
The application for permission to appeal must be made within 28 days after the date on which notice of the decision was given to the applicant . The Court has the power to extend the time. If the application is lodged out of time, the reasons for delay must be given within the grounds of the application. All documents in support of the application must be served on the defendant(s) before the application can be lodged at the Administrative Court Office.
1. An affidavit or Witness statement in support of the application. The decision of the Planning Inspectorate must be included as an exhibit.
2. A draft appellant's notice in Form N161.
3. An Affidavit or Witness statement confirming the names and addresses of those served and the date of service. If a person who ought to have been served has not been served, the affidavit or Witness Statement must explain the reason for the failure to serve that person.
4. An indexed and paginated bundle of copy documents (including a copy of the draft appellant's notice and the affidavit or Witness statement and exhibit), together with a list of essential reading i.e., a list highlighting the pages within the bundle which are essential for the Judge to read. This is a requirement of the Practice Direction issued by the Lord Chief Justice dated 25 October 1994 (a copy of which can be obtained from the Administrative Court Office).
There is a fee of £50.00 payable when issuing the application for permission to apply. Please make all cheques and payable orders payable to Her Majesty's Courts Service or HMCS. Solicitors or Company’s cheques are both acceptable. Personal cheques are not acceptable unless supported by a Banker’s cheque guaranteed card, presented in the fee room at the time of lodging the application. Otherwise litigants in person will need to submit Postal Orders.
The first hearing, the Permission Stage, should be listed within two months; unless the court otherwise orders, it cannot be heard for 21 days after it is issued (RSC Order 94) and is heard by a single judge. Any person served with the application shall be entitled to appear and be heard. The application is generally listed on 3 weeks notice to the parties.
If the Judge grants permission, you then have seven days from the grant, to
- file in the Administrative Court Office the signed appellant’s notice (N161) and a fee of £200.00 made payable to HMCS and
- serve the other parties.
Solicitors and company cheques are both acceptable. Personal cheques are not acceptable unless supported by a Banker’s cheque guarantee card, presented in the fee room at the time of lodging the application. Otherwise litigants in person will need to submit Postal Orders.
The original notice and four copies are required. Three copies of the notice will be sealed and returned, so that the appellant can serve the other parties. The original and one copy will be retained on the Court file.
1) The local planning authority as defendant.
2) The Treasury Solicitor on behalf of the other defendant, The Secretary of State for Communities and Local Government, NOT the Planning Inspectorate. The address for service is:
Treasury Solicitor
Planning Team (1D)
1 Kemble Street
London
WC2B 4TS
For DX users : DX123242 KINGSWAY
General Enquiry no.020 7210 3318
After the appeal notice is filed the case will go into the warned list. Parties should lodge, as soon as possible, all evidence on which they will seek to rely as the case can be fixed any time from this day. The application is likely to be listed for hearing within five months. Waiting times should be checked with the listing office.
If you require any further information please contact the Administrative Court General Office on 020 7947 6653/ 6655/ 6205 or the Administrative Court Lawyer dealing with this type of case: Mr I Freer on ext 6501.
*Please note: The fees quoted under Sc94.12.2 of the White Book are incorrect. The correct fees payable are set out above.