Rogers v Secretary of State for Levelling Up, Housing and Communities & Anor [2023] EWHC 2528 (Admin) (13 October 2023)

Rogers v Secretary of State for Levelling Up, Housing and Communities & Anor [2023] EWHC 2528 (Admin) (13 October 2023)

The failure to serve the sealed claim form in time was due to matters outside the Claimant's control and the Claimant's representatives took reasonable steps to effect service. The Inspector's approach to temporary planning permission is arguably unlawful for failing to reduce the weight attached to Green Belt harm for a temporary permission and not considering a longer temporary period. The Inspector's consideration of the best interests of the children was lawful and adequate.

Citation
[2023] EWHC 2528 (Admin)
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
13 October 2023
Procedural Posture
Statutory Review and Appeal Under Town and Country Planning Act 1990 (sections 288 and 289) / Permission Application 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
Statutory Review Under S.288 TCPA 1990, Appeal Under S.289 TCPA 1990, Extension of Time for Service, Green Belt Planning Policy, Temporary Planning Permission, Best Interests of Children in Planning Decisions
Planning Law Administrative Law Statutory Review Under S.288 TCPA 1990 Appeal Under S.289 TCPA 1990 Extension of Time for Service Green Belt Planning Policy Temporary Planning Permission Best Interests of Children in Planning Decisions

Case Brief

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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 (sections 288 and 289) / Permission Application 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 in the Green Belt
  3. 3 Whether the Inspector erred in consideration of the best interests of the children

Ratio Decidendi

The failure to serve the sealed claim form in time was due to matters outside the Claimant's control and the Claimant's representatives took reasonable steps to effect service. The Inspector's approach to temporary planning permission is arguably unlawful for failing to reduce the weight attached to Green Belt harm for a temporary permission and not considering a longer temporary period. The Inspector's consideration of the best interests of the children was lawful and adequate.

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

  • Extension of time for service of the sealed claim form up to and including the last date of service on the Defendants.
  • Permission to proceed on ground 1 (temporary planning permission) granted.