Gluck v Secretary of State for Housing, Communities And Local Government & Anor [2020] EWHC 161 (Admin) (31 January 2020)

Gluck v Secretary of State for Housing, Communities And Local Government & Anor [2020] EWHC 161 (Admin) (31 January 2020)

Article 7(c) of the GPDO 2015 allows for the extension of time periods for determination of prior approval applications by agreement in writing between the applicant and the authority, regardless of whether the time period is specified in Schedule 2 or provided by Article 7(b). The Inspector was entitled to find that an extension had been agreed in writing in this case, and the Claimant's argument that the time period was incapable of extension is rejected.

Citation
[2020] EWHC 161 (Admin)
Parties
Claimant: Mr J. J. Gluck; First Defendant: Secretary of State for Housing, Communities and Local Government; Second Defendant: Crawley Borough Council
Jurisdiction
England and Wales
Judgment Date
31 January 2020
Procedural Posture
Judicial Review (planning) / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Permitted Development Rights, Prior Approval Procedures, Statutory Interpretation, Town and Country Planning Act 1990, General Permitted Development Order 2015
Administrative Law Planning Law Permitted Development Rights Prior Approval Procedures Statutory Interpretation Town and Country Planning Act 1990 General Permitted Development Order 2015

Case Brief

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Parties

Mr J. J. Gluck

Claimant

Secretary of State for Housing, Communities and Local Government

First Defendant

Crawley Borough Council

Second Defendant

Procedural Posture

Judicial Review (planning) / High Court Judgment

Legal Issues

  1. 1 Whether time periods for prior approval applications under GPDO 2015 Schedule 2 can be extended by agreement under Article 7(c)
  2. 2 Proper construction of Article 7 of the GPDO 2015 and its interaction with Schedule 2
  3. 3 Whether the Inspector erred in law in upholding the extension of time for determination of prior approval applications

Ratio Decidendi

Article 7(c) of the GPDO 2015 allows for the extension of time periods for determination of prior approval applications by agreement in writing between the applicant and the authority, regardless of whether the time period is specified in Schedule 2 or provided by Article 7(b). The Inspector was entitled to find that an extension had been agreed in writing in this case, and the Claimant's argument that the time period was incapable of extension is rejected.

Court Disposition

Claim dismissed

Orders

  • Applications to quash the appeal and costs decisions are refused.