R Paul Collins v Secretary of State for Communities and Local Government
| Jurisdiction | England & Wales |
| Judge | Neil Cameron |
| Judgment Date | 18 November 2014 |
| Neutral Citation | [2014] EWHC 4366 (Admin) |
| Date | 18 November 2014 |
| Court | Queen's Bench Division (Administrative Court) |
| Docket Number | CO/8063/2013 |
[2014] EWHC 4366 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand
London WC2A 2LL
Neil Cameron QC
(Sitting as a Deputy High Court Judge)
CO/8063/2013
The Claimant appeared in Person
Mr Williams (instructed by Treasury Solicitor) appeared on behalf of the Defendant
THE DEPUTY JUDGE: In this application the Claimant, Mr Paul Collins, applies for permission to amend particulars of claim in this action so as to add a claim that the 2002 Town and Country Planning (Enforcement) (Written Representations Procedure) (England) Regulations 2002 be quashed. In support of his application Mr Collins relies upon the court's power under Part 17.1(2)(b) of the Civil Procedure Rules to amend a statement of case that has been served.
In support of his application he draws attention to the judgment of Philip Mott QC, sitting as a Deputy High Court Judge, in the case of San Vicente v Secretary of State Communities and Local Government [2012] EWHC 3585 (Admin). He draws particular attention to paragraph 11 in that judgment. I note that the judgment at first instance in San Vicente was upheld by the Court of Appeal.
Mr Collins, in support of his application, says that he was unaware at the time an order was made amending the claim, so that it proceeded under section 289 and section 288 of the Town and Country Planning Act 1990, that he had not obtained permission to proceed with an application for judicial review of the 2002 regulations.
In response Mr Williams, for the Defendant, makes five points. The first point is that from the start the Claimant intended his claim to be a statutory application under section 288 and 289 of the Town and Country Planning Act 1990. The second point is that this application, which was made on 12th November 2014, in relation to a claim which was filed at court on 26th June 2013, is late. Mr Williams says that it is late despite the fact that the Claimant sought and obtained legal advice at some stage between the Secretary of State indicating that he was prepared to consent to judgment and the making of the application. Mr Collins appears on his own behalf today and did not have representation at the time the application under...
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