Court confirms permission to appeal from the Planning Court is assessed under the ‘real prospect of success or compelling reason’ test (Dharmeshkumar v SSHCLG)
Planning analysis: In Dharmeshkumar v SSHCLG, the Court of Appeal confirmed that permission for an appeal to the Court of Appeal following a Planning Court decision in enforcement notice proceedings is governed by the general permission test in CPR 52.6. Under that test, permission may be granted where the appeal has a real prospect of success or there is some other compelling reason for it to be heard. It is not necessary to show that the appeal raises an important point of principle or practice.