Walsall Metropolitan Borough Council v Secretary of State for Communities & Local Government

Walsall Metropolitan Borough Council v Secretary of State for Communities & Local Government

The Court of Appeal is bound by Wendy Fair Markets Ltd v SSE, which holds that there is no jurisdiction to hear an appeal from a High Court refusal of permission to appeal under section 289 of the Town and Country Planning Act 1990. The statutory process, including the leave requirement, is compliant with Article 6 ECHR. There is no misconduct or unfairness in the process to invoke a residual jurisdiction.

Parties
1st Appellant: Walsall Metropolitan Borough Council; 2nd Appellant: Dartford Borough Council; 1st Respondent: Secretary of State for Communities and Local Government; 2nd Respondent: Wragge & Co (for 2nd Respondent); 3rd Respondent: Lawrence Graham (for 3rd Respondent)
Jurisdiction
England and Wales
Judgment Date
06 February 2013
Procedural Posture
Civil Appeal / Application for Permission to Appeal to the Court of Appeal From Refusal of Permission by the High Court
Outcome
Application refused for want of jurisdiction.
Legal Topics
Statutory Appeals Under Town and Country Planning Act, Jurisdiction of Court of Appeal, Leave to Appeal, Article 6 ECHR Compliance
Planning Law Civil Procedure Statutory Appeals Under Town and Country Planning Act Jurisdiction of Court of Appeal Leave to Appeal Article 6 ECHR Compliance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 22 Party arguments 2
Sign in to unlock

Parties

Walsall Metropolitan Borough Council

1st Appellant

Dartford Borough Council

2nd Appellant

Secretary of State for Communities and Local Government

1st Respondent

Wragge & Co (for 2nd Respondent)

2nd Respondent

Lawrence Graham (for 3rd Respondent)

3rd Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal to the Court of Appeal From Refusal of Permission by the High Court

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to hear an appeal from a High Court refusal of permission to appeal under section 289 of the Town and Country Planning Act 1990
  2. 2 Whether the Wendy Fair Markets Ltd v SSE principle remains binding
  3. 3 Whether the statutory appeal process is compliant with Article 6 ECHR

Ratio Decidendi

The Court of Appeal is bound by Wendy Fair Markets Ltd v SSE, which holds that there is no jurisdiction to hear an appeal from a High Court refusal of permission to appeal under section 289 of the Town and Country Planning Act 1990. The statutory process, including the leave requirement, is compliant with Article 6 ECHR. There is no misconduct or unfairness in the process to invoke a residual jurisdiction.

Court Disposition

Application refused for want of jurisdiction.

Orders

  • Application for permission to appeal refused.