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

The following Planning practice 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
  • Scope of appeal
  • Permission of the court required for s 289 appeal
  • Statutory time limit for commencing s 289 appeal
  • Remedies—powers of the court when dealing with s 289 appeal
  • Statutory appeal under P(LBCA)A 1990, s 65
  • Scope of s 65 appeal
  • Permission of the court required for s 65 appeal
  • More...

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak — see: Statutory planning appeals—s 289 and s 65 appeals — Impact of coronavirus (COVID-19) on court proceedings including hearings. For further updates on key developments and related practical guidance on the implications for lawyers, see: Coronavirus (COVID-19)—Planning and the Coronavirus (COVID-19) toolkit.

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 Note: Planning judicial review).

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

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