Amin Dharmeshkumar v Secretary of State for Housing, Communities and Local Government & Anor

Amin Dharmeshkumar v Secretary of State for Housing, Communities and Local Government & Anor

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 the first appeals test in CPR 52.6, not the second appeals test in CPR 52.7, because s.55 of the Access to Justice Act 1999 does not impliedly repeal the specific provision in s.289(6) and Parliament has not expressly required the second appeals test for this category of appeal.

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
03 October 2026
Procedural Posture
Appeal / Preliminary Issue on Permission to Appeal
Outcome
preliminary issue determined; first appeals test applies
Legal Topics
Appeals, Permission to Appeal, Statutory Interpretation, Planning Enforcement
Administrative Law Planning Law Civil Procedure Appeals Permission to Appeal Statutory Interpretation Planning Enforcement

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 / Preliminary Issue on Permission to Appeal

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 for permission to appeal applies: CPR 52.6 or CPR 52.7

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 the first appeals test in CPR 52.6, not the second appeals test in CPR 52.7, because s.55 of the Access to Justice Act 1999 does not impliedly repeal the specific provision in s.289(6) and Parliament has not expressly required the second appeals test for this category of appeal.

Court Disposition

preliminary issue determined; first appeals test applies

Orders

  • Permission to appeal to the Court of Appeal under s.289(6) TCPA 1990 is to be determined using CPR 52.6.
  • Application for permission to appeal to be decided on the papers by a single Lord or Lady Justice.