Q An appeal to the High Court has been brought (possibly by the planning authority) against a decision made under the Town and Country Planning Act 1990. All relevant time limits have passed. The appellant now realises that he applied under the wrong section of the Act. Will the court allow an appropriate amendment?
A Yes, but subject to the all-important proviso that the new claim arises out of the same, or substantially the same, facts as those that gave rise to the imperfect claim. For further guidance see Thurrock Borough Council v Secretary of State for the Environment Transport and the Regions [2001] 1 PLR 94, holding that it was a requirement of the (new) Civil Procedural Rules, and, in particular, Part 17, that, whatever the “statement of case”, the principles governing amendment should be consistent “across the board”.
