JR or 288: Court Determines Jurisdiction in Challenge to LDC Appeal Costs Order

JR or 288: Court Determines Jurisdiction in Challenge to LDC Appeal Costs Order


CategoryNews Author Daniel Stedman Jones Date

The claimant council, Stratford-on-Avon challenged the award by the Secretary of State of costs to the Interested Party for its withdrawn section 195 Town and Country Planning Act 1990 (TCPA 1990) appeal against the refusal by the council of its application for a lawful development certificate in respect of a barn conversion under Class Q of Part 2 of the General Permitted Development Order 2015. The novel point in the case was whether the court had jurisdiction to hear the challenge, which had been brought by way of an application for judicial review rather than by way of statutory review under section 288 TCPA 1990.

Initially, the claimant council had sought to issue the claim under section 288 TCPA 1990 on the last day of the six week period. However, the court office had returned the claim, saying that it had to be issued as a judicial review. Consequently, the council waited 15 days and issued the application for judicial review. The claimant council had argued that the claim was no more than a challenge to an administrative decision under section 250 (5) of the Local Government Act 1972 and was therefore subject to the usual three month time period.

Pepperall J agreed with the submissions of the defendant Secretary of State and held that the claim should have been brought by way of statutory review under section 288 TCPA 1990. In particular, the costs decision was a “decision” within the meaning of section 284 (3) (g) TCPA 1990 notwithstanding that the appeal had been withdrawn. As such, it arose from “proceedings” (within the meaning of section 322 TCPA 1990) and although the source power to award came from section 250 LGA 1972, that power was applied by section 322 TCPA 1990.

Daniel Stedman Jones acted for the Secretary of State.


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