Binning Properties v Secretary of State for Housing, Communities and Local Government.
Today the Court of Appeal (Sharp LJ and Lindblom LJ) has confirmed that it does not have jurisdiction to hear an appeal against a refusal of permission to appeal by the High Court under section 289 of the Town and Country Planning Act 1990. The hearing this morning followed an application by the Appellant for permission to appeal the decision of Neil Cameron Q.C. who refused the Appellant permission to appeal an inspector’s decision upholding an enforcement notice. The Appellant argued that the established authority of the Court of Appeal (Wendy Fair Markets Limited v Secretary of State for the Environment  J.P.L. 649; (1995) 159 L.G. Rev. 769; Walsall Metropolitan Borough Council v Secretary of State for Communities and Local Government  EWCA Civ 370; Prashar v Secretary of State for the Environment, Transport and the Regions and others  EWCA Civ 1231) should not be followed in accordance with the principles in Young v Bristol Aeroplane  1 KB 718.
The Secretary of State argued that the Court of Appeal was bound by its previous decisions and there was no reason for the Court to find those decisions ‘per incuriam’ as argued by the Appellant.
The Court of Appeal confirmed that it did not have jurisdiction and therefore rejected the Appellant’s application. It indicated that reasons for its decision will follow.
Victoria Hutton represented the successful Secretary of State.