Section 289 of the Town and Country Planning Act 1990 enables the appellant, the local planning authority or any other person having an interest in the land to appeal on a point of law to the High Court against the decision of the Secretary of State on an enforcement notice appeal to him. However, section 289(6) imposes the requirement for permission from the High Court to issue such proceedings. In Walsall Metropolitan Borough Council v Secretary of State for Communities and Local Government [2013] PLSCS 68, on a preliminary issue, the Court of Appeal held that where the High Court refused permission in such circumstances, after an oral hearing, the Court of Appeal had no jurisdiction to entertain an application for permission to appeal to it against that refusal. The court referred to an earlier of its own pre-CPR decisions in 1995, but it is perhaps more helpful here to refer to its decision in Prashar v Secretary of State for the Environment, Transport and the Regions [2001] EWCA Civ 1231; [2001] 3 PLR 116. In that case, the same question arose. Kay LJ held that the issue had to be considered in the light of CPR Part 52, which created one system of rules for all appeals. Part 52.1(1) states that it applies to appeals to the High Court. The Practice Direction relating to Part 52, at paragraph 4.8, provides: ÒThere is no appeal from a decision of the appeal court, made at an oral hearing, to allow or refuse permission to appeal to that court. See section 54(4) of the Access to Justice Act 1999Ó. That provision states: Ò
In Prashar, the applicants appeared in person before the Court of Appeal and had clearly asumed that, should the court find merit in their case, permission to appeal would be granted. Kay LJ went to considerable lengths to explain to them that the court had only such jurisdiction as Parliamnt had given to it. And that, in this context, Parliament had decided that there should be no further right of appeal.
John Martin
