Shahid Ibrar, R (on the application of) v Dacorum Borough Council & Anor.

Shahid Ibrar, R (on the application of) v Dacorum Borough Council & Anor.

Statutory appeal under s.289 Town and Country Planning Act 1990 is normally an adequate alternative remedy to judicial review for challenges to Inspector decisions; judicial review will not be permitted where statutory appeal is available and time limits have expired, absent exceptional circumstances. Extensions of time for statutory appeals will not be granted where applicants deliberately pursued judicial review and persisted in that course, causing delay and use of court resources.

Parties
Claimant: Shahid Ibrar; Claimant: Suadad Sumaidiae; Defendant: Dacorum Borough Council; Defendant: Secretary of State for Levelling Up, Housing and Communities; Defendant: London Borough of Ealing
Jurisdiction
England and Wales
Judgment Date
02 December 2022
Procedural Posture
Judicial Review / Permission and Extension of Time Applications
Outcome
Applications for permission for judicial review, extensions of time for statutory appeals, and costs protection dismissed.
Legal Topics
Judicial Review, Statutory Appeals, Enforcement Notices, Time Limits, Alternative Remedies
Administrative Law Planning Law Judicial Review Statutory Appeals Enforcement Notices Time Limits Alternative Remedies

Case Brief

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Parties

Shahid Ibrar

Claimant

Suadad Sumaidiae

Claimant

Dacorum Borough Council

Defendant

Secretary of State for Levelling Up, Housing and Communities

Defendant

London Borough of Ealing

Defendant

Procedural Posture

Judicial Review / Permission and Extension of Time Applications

Legal Issues

  1. 1 Whether judicial review is available when a statutory appeal under s.289 Town and Country Planning Act 1990 is possible
  2. 2 Whether extensions of time should be granted for late statutory appeals
  3. 3 Adequacy of alternative remedies

Ratio Decidendi

Statutory appeal under s.289 Town and Country Planning Act 1990 is normally an adequate alternative remedy to judicial review for challenges to Inspector decisions; judicial review will not be permitted where statutory appeal is available and time limits have expired, absent exceptional circumstances. Extensions of time for statutory appeals will not be granted where applicants deliberately pursued judicial review and persisted in that course, causing delay and use of court resources.

Court Disposition

Applications for permission for judicial review, extensions of time for statutory appeals, and costs protection dismissed.

Orders

  • Permission for judicial review refused in both cases.
  • Extension of time for s.289 appeal refused in both cases.