The Civil Procedure Rules 1998

Applications for permission under section 289 (6) of the Town and Country Planning Act 1990(1) and section 65 (5) of the Planning (Listed Buildings and Conservation Areas) Act 1990(2) E+W

Rule 12—(1) An application for permission to appeal to the High Court under section 289 of the Town and Country Planning Act 1990 or section 65 of the Planning (Listed Buildings and Conservation Areas) Act 1990 shall be made within 28 days after the date on which notice of the decision was given to the applicant.

(2) An application shall—

(a) include, where necessary, any application to extend the time for applying,

(b) be in writing setting out the reasons why permission should be granted, and if the time for applying has expired, the reasons why the application was not made within that time,

(c) be made by filing it in the Crown Office together with the decision, a draft [F1 appellant’s notice], and a witness statement or affidavit verifying any facts relied on,

(d) before being filed under sub-paragraph (c), be served together with the draft [F1 appellant’s notice] and a copy of the witness statement or affidavit to be filed with the application, upon the persons who are referred to in rule 13 (5), and

(e) be accompanied by a witness statement or affidavit giving the names and addresses of, and the places and dates of service on, all persons who have been served with the application and, if any person who ought to be served has not been served, the witness statement or affidavit must state that fact and the reason for it.

(3) An application shall be heard—

(a) by a single judge F2 ...;

(b) unless the Court otherwise orders, not less than 21 days after it was filed at the Crown Office.

Any person served with the application shall be entitled to appear and be heard.

(4) If on the hearing of an application the Court is of opinion that any person who ought to have been served has not been served, the Court may adjourn the hearing on such terms (if any) as it may direct in order that the application may be served on that person.

(5) If the Court grants permission—

(a) it may impose such terms as to costs and as to giving security as it thinks fit;

(b) it may give directions; and

(c) the [F1 appellant’s notice] by which the appeal is to be brought shall be served and filed within 7 days of the grant.

(6) Any respondent who intends to use a witness statement or affidavit at the hearing shall file it in the Crown Office and serve a copy thereof on the applicant as soon as is practicable and in any event, unless the Court otherwise allows, at least 2 days before the hearing. The Court may allow the applicant to use a further witness statement or affidavit.

Textual Amendments

F1 Words in Sch. 1 RSC Order 94 substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 25(b)

F2 Words in Sch. 1 RSC Order 94 rule 12(3)(a) omitted (26.4.1999) by virtue of The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 63(d)

(1)

1990 c. 8.

(2)

1990 c. 9.