Thurrock Borough Council v Secretary of State for the Environment Transport and the Regions and Another
| Jurisdiction | England & Wales |
| Judgment Date | 13 December 2000 |
| Date | 13 December 2000 |
| Court | Court of Appeal (Civil Division) |
COURT OF APPEAL
Before Lord Justice Brooke, Lord Justice Robert Walker and Sir Ronald Waterhouse.
Practice - claim form - error over section of statute can be corrected
Having regard to rules 1.1(1), 1.2 and 17.4 of the Civil Procedure Rules, a court had correctly exercised its discretion to amend a claim form so as to treat an application for permission to appeal a planning decision under section 289 of the Town and Country Planning Act 1990 as an appeal under section 288, in circumstances where the application for permission to appeal was made within the time limited for bringing an appeal under section 288, where an appeal under section 288 lay as of right, and where the proposed amendment did not add or substitute a new claim or seek new relief.
The Court of Appeal so held, dismissing an appeal by the second defendant, Mr Terry Holding, against the order of Mr Nigel McLeod, QC, sitting as a deputy High Court judge on May 19, 2000, whereby he granted permission to Thurrock Borough Council to amend a claim form challenging a decision of the Secretary of State for the Environment, Transport and the Regions that an enforcement notice issued by the council should be set aside and planning permission be granted under section 177(1)(a) in respect of land and buildings at King's Farm, Parker's Farm Road, Orsett, Essex.
Mr Stephen Hockman, QC and Mr Kevin Leigh for the council; Mr John Hobson, QC and Miss Clare Lockhart for Mr Holding; the secretary of state did not appear and was not represented.
LORD JUSTICE BROOKE said that section 288(1) of the 1990 Act, as amended by section 6 of the Planning and Compensation Act 1991, created a power to question the validity, inter alia, of a decision by the secretary of state to grant planning permission pursuant to section 177(1)(a).
The power could be exercised as of right, but any application to the High Court had to be made within six weeks from the date of the decision under challenge.
Section 289, as amended, was concerned principally with appeals to the High Court relating to enforcement notices and required permission to appeal.
The draft claim form challenging the decision was lodged at the High Court within four weeks of the inspector's decision as an application for permission to appeal under section 289(6), incorrectly, on Form N1 rather than...
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John Noel Croke v Secretary of State for Communities and Local Government
...automatically render the proceedings invalid. A similar approach was taken by the Court of Appeal in Thurrock Borough Council v Secretary of State for Environment, Transport and the Regions [2001] 1 P.L.R. 94, where the proceedings had been issued under section 289 of the 1990 Act, rather ......
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Roger Wood v Secretary of State for Communities and Local Government and Another
...attempt to introduce an entirely new or additional claim (see the judgment of Brooke L.J. in Thurrock Borough Council v Secretary of State for the Environment, Transport and the Regions [2011] 1 P.L.R. 94, at p.100). The section 288 proceedings, albeit not in a Part 8 claim form, were begun......
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San Vicente and another v Secretary of State for Communities and Local Government and Others
...17.4 and 17.2(1)). It also did not apparently consider Thurrock BC v Secretary of State for the Environment, Transport and the Regions [2001] 1 PLR 94, in which Brooke LJ expressed the view that Rule 17.4 might be available, or Signet Group PLC v Hammerson UK Properties PLC, Court of Appeal......
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