Bryan Rogers v Secretary of State for Levelling Up, Housing and Communities & Anor

Bryan Rogers v Secretary of State for Levelling Up, Housing and Communities & Anor

The court exercised its discretion to extend the time for service of the sealed claim form as the delay was caused by the court and not the Claimant. Permission to proceed was granted on the ground that the Inspector's approach to temporary planning permission was arguably unlawful, but refused on the ground relating to the best interests of the children as the Inspector had properly considered them.

Parties
Claimant: Mr Bryan Rogers; First Defendant: Secretary of State for Levelling Up, Housing and Communities; Second Defendant: South Staffordshire District Council
Jurisdiction
England and Wales
Judgment Date
14 March 2024
Procedural Posture
Statutory Review and Appeal Under Town and Country Planning Act 1990 / Application for Permission to Proceed and Extension of Time for Service
Outcome
Permission granted on ground 1 (temporary planning permission); refused on ground 2 (best interests of children). Extension of time for service granted.
Legal Topics
Extension of Time for Service, Statutory Review Under S.288 TCPA 1990, Temporary Planning Permission, Best Interests of Children in Planning Decisions, Green Belt Policy
Planning Law Administrative Law Extension of Time for Service Statutory Review Under S.288 TCPA 1990 Temporary Planning Permission Best Interests of Children in Planning Decisions Green Belt Policy

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Parties

Mr Bryan Rogers

Claimant

Secretary of State for Levelling Up, Housing and Communities

First Defendant

South Staffordshire District Council

Second Defendant

Procedural Posture

Statutory Review and Appeal Under Town and Country Planning Act 1990 / Application for Permission to Proceed and Extension of Time for Service

Legal Issues

  1. 1 Whether the court should extend time for service of the sealed claim form under s.288 TCPA 1990
  2. 2 Whether the Inspector erred in approach to temporary planning permission
  3. 3 Whether the Inspector erred in considering the best interests of the children

Ratio Decidendi

The court exercised its discretion to extend the time for service of the sealed claim form as the delay was caused by the court and not the Claimant. Permission to proceed was granted on the ground that the Inspector's approach to temporary planning permission was arguably unlawful, but refused on the ground relating to the best interests of the children as the Inspector had properly considered them.

Court Disposition

Permission granted on ground 1 (temporary planning permission); refused on ground 2 (best interests of children). Extension of time for service granted.

Orders

  • Time for service of the sealed claim form extended to the date of actual service.
  • Permission to proceed granted on ground 1 only.