Legal Update: Permission Stage introduced for Statutory Appeals

From 26 October 2015, all of the following statutory appeals will require permission from the High Court before they will be allowed to proceed:

• Appeals made under s.287 of the Town and Country Planning Act 1990 ( i.e. appeals against simplified planning zones, stopping up or diverting highway, and stopping up or diverting public rights of way)
• Appeals made under s.288 of the Town and Country Planning Act 1990 (i.e. any other appeal against a Secretary of State decision made under the Town and Country Planning Act 1990).
• Appeals made under s.63 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (i.e. appeals against decisions to list a building, revoke or modify the listing of a building, or to refuse an application to allow works to a listed building)

The procedure to obtaining leave to appeal is set out in a new practice direction (PD 8C) to the Civil Procedure Rules, which also came into force on 26 October. It is very similar to the procedure for seeking permission to bring a Judicial Review, so should be reasonably familiar.

The changes introduced this week also remove the right to judicial review decisions relating to some costs orders, which now can only be challenged by way of statutory appeal.

If you have a questions about these, admittedly rather technical, changes; please do get in touch