Dharmeshkumar v Secretary of State for Housing, Communities and Local Government & Anor [2026] EWCA Civ 247 (10 March 2026)

Dharmeshkumar v Secretary of State for Housing, Communities and Local Government & Anor [2026] EWCA Civ 247 (10 March 2026)

The correct test for permission to appeal to the Court of Appeal under s.289(6) of the Town and Country Planning Act 1990 is that in CPR 52.6 (first appeals), not CPR 52.7 (second appeals), because s.289(6) is a specific statutory provision allowing permission to be granted by either the High Court or the Court of Appeal, and s.55 of the Access to Justice Act 1999 does not impliedly repeal or override this. The second appeals test is not applicable.

Citation
[2026] EWCA Civ 247
Parties
Appellant: Amin Dharmeshkumar; First Respondent: Secretary of State for Housing, Communities and Local Government; Second Respondent: London Borough of Brent
Jurisdiction
England and Wales
Judgment Date
10 March 2026
Procedural Posture
Appeal / Court of Appeal Judgment on Preliminary Issue Regarding Permission to Appeal Test Under S.289(6) TCPA 1990
Outcome
Preliminary issue determined: CPR 52.6 (first appeals test) applies to permission to appeal to the Court of Appeal under s.289(6) TCPA 1990.
Legal Topics
Appeals, Permission to Appeal, Statutory Interpretation, Planning Enforcement, Civil Procedure Rules
Administrative Law Planning Law Civil Procedure Appeals Permission to Appeal Statutory Interpretation Planning Enforcement Civil Procedure Rules

Case Brief

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Parties

Amin Dharmeshkumar

Appellant

Secretary of State for Housing, Communities and Local Government

First Respondent

London Borough of Brent

Second Respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Preliminary Issue Regarding Permission to Appeal Test Under S.289(6) TCPA 1990

Legal Issues

  1. 1 Whether an appeal to the Court of Appeal under s.289(6) of the Town and Country Planning Act 1990 is a 'first appeal' or 'second appeal' for the purposes of s.55 of the Access to Justice Act 1999 and CPR 52.6/52.7
  2. 2 Which test applies for permission to appeal to the Court of Appeal under s.289(6): CPR 52.6 (first appeals) or CPR 52.7 (second appeals)

Ratio Decidendi

The correct test for permission to appeal to the Court of Appeal under s.289(6) of the Town and Country Planning Act 1990 is that in CPR 52.6 (first appeals), not CPR 52.7 (second appeals), because s.289(6) is a specific statutory provision allowing permission to be granted by either the High Court or the Court of Appeal, and s.55 of the Access to Justice Act 1999 does not impliedly repeal or override this. The second appeals test is not applicable.

Court Disposition

Preliminary issue determined: CPR 52.6 (first appeals test) applies to permission to appeal to the Court of Appeal under s.289(6) TCPA 1990.

Orders

  • Permission to appeal to the Court of Appeal under s.289(6) TCPA 1990 is to be determined under CPR 52.6, not CPR 52.7.
  • Application for permission to appeal to be determined on the papers by a single Lord or Lady Justice.