Statutory planning appeals—s 289 and s 65 appeals
Statutory planning appeals—s 289 and s 65 appeals

The following Planning guidance note provides comprehensive and up to date legal information covering:

  • Statutory planning appeals—s 289 and s 65 appeals
  • Introduction
  • Statutory appeal under TCPA 1990, s 289
  • Statutory appeal under P(LBCA)A 1990, s 65
  • Standing
  • Statutory time limit for commencing proceedings
  • Grounds for appeal
  • Remedies
  • Procedural matters—Civil Procedure Rules
  • Appeals

Introduction

Planning decisions and actions by local planning authorities (LPAs), the Secretary of State and other public bodies can be challenged in the courts if the decision taken was unlawful.

In principle, a planning decision can be challenged through an application to the High Court for judicial review (see Practice Notes: Challenging a planning permission, Scope of judicial review in planning matters and Planning judicial review—procedure).

However, there are instances where the relevant statutory regime governing a particular decision or action provides for challenge by way of a statutory appeal. In other words, the relevant legislation will expressly state that a particular action or decision can be appealed to the courts in accordance with the particular statutory provision. Such challenges are known as statutory appeals.

This Practice Note focuses on the provisions for statutory appeals, which in a planning context comprise:

  1. appeals under section 289 of the Town and Country Planning Act 1990 (TCPA 1990) relating to enforcement notice appeals, tree preservation order enforcement appeals and in Wales, appeals against notices requiring the maintenance of land

  2. appeals under section 65 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (P(LBCA)A 1990) relating to listed building enforcement notice appeals

The general principles of judicial review are applicable to the statutory appeals. Statutory appeals, like judicial review challenges, are not an opportunity to

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