Gluck v Secretary of State for Housing, Communities And Local Government & Anor

Gluck v Secretary of State for Housing, Communities And Local Government & Anor

Article 7(c) of the GPDO 2015 allows for the extension of any time period specified in Article 7(a) or (b) by written agreement between the applicant and the authority. A verbal agreement to extend time, subsequently evidenced in writing, is sufficient to satisfy the requirement for agreement in writing. The Inspector was entitled to find that an extension had been agreed in writing. The Warren Farm decision should not be followed.

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 / Statutory Challenge Under S.288 TCPA 1990 / Final Judgment After Substantive Hearing
Outcome
Claims dismissed
Legal Topics
Permitted Development Rights, Prior Approval Procedures, Statutory Interpretation, Extension of Time for Planning Decisions
Planning Law Administrative Law Permitted Development Rights Prior Approval Procedures Statutory Interpretation Extension of Time for Planning Decisions

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 / Statutory Challenge Under S.288 TCPA 1990 / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether Article 7(c) of the GPDO 2015 allows extension of time periods specified in Schedule 2 by written agreement for prior approval applications
  2. 2 Whether an extension of time was agreed in writing between the applicant and the authority
  3. 3 Whether a verbal agreement evidenced in writing suffices for Article 7(c)

Ratio Decidendi

Article 7(c) of the GPDO 2015 allows for the extension of any time period specified in Article 7(a) or (b) by written agreement between the applicant and the authority. A verbal agreement to extend time, subsequently evidenced in writing, is sufficient to satisfy the requirement for agreement in writing. The Inspector was entitled to find that an extension had been agreed in writing. The Warren Farm decision should not be followed.

Court Disposition

Claims dismissed

Orders

  • All claims are dismissed.