Gluck v Secretary of State for Housing, Communities And Local Government & Anor [2020] EWCA Civ 1756 (21 December 2020)

Gluck v Secretary of State for Housing, Communities And Local Government & Anor [2020] EWCA Civ 1756 (21 December 2020)

The 56-day period for prior approval decisions under paragraph W(11)(c) of Part 3 of Schedule 2 to the GPDO can be extended by written agreement under article 7(c), and in this case, such an extension was validly agreed and evidenced in writing by the relevant email correspondence between the applicant's agent and the Council's officer.

Citation
[2020] EWCA Civ 1756
Parties
Appellant: Mr J. J. Gluck; First Respondent: Secretary of State for Housing, Communities and Local Government; Second Respondent: Crawley Borough Council
Jurisdiction
England and Wales
Judgment Date
21 December 2020
Procedural Posture
Appeal / Court of Appeal (civil Division) on Appeal From High Court (queen's Bench Division, Planning Court)
Outcome
Appeal dismissed
Legal Topics
Permitted Development Rights, Prior Approval Procedure, Extension of Statutory Time Limits, Interpretation of Statutory Instruments
Planning Law Administrative Law Permitted Development Rights Prior Approval Procedure Extension of Statutory Time Limits Interpretation of Statutory Instruments

Case Brief

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Parties

Mr J. J. Gluck

Appellant

Secretary of State for Housing, Communities and Local Government

First Respondent

Crawley Borough Council

Second Respondent

Procedural Posture

Appeal / Court of Appeal (civil Division) on Appeal From High Court (queen's Bench Division, Planning Court)

Legal Issues

  1. 1 Whether the 56-day period for prior approval under paragraph W(11)(c) of Part 3 of Schedule 2 to the GPDO can be extended by agreement under article 7(c) of the GPDO
  2. 2 Whether a valid extension was agreed in writing in this case under article 7(c)
  3. 3 Whether the form of written agreement required evidence from both parties

Ratio Decidendi

The 56-day period for prior approval decisions under paragraph W(11)(c) of Part 3 of Schedule 2 to the GPDO can be extended by written agreement under article 7(c), and in this case, such an extension was validly agreed and evidenced in writing by the relevant email correspondence between the applicant's agent and the Council's officer.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the decision of the High Court is upheld; the 56-day period was validly extended by agreement in writing.