Maximus Networks Ltd v SSCLG [2018] EWHC 1933 (Admin) (25 July 2018)

Maximus Networks Ltd v SSCLG [2018] EWHC 1933 (Admin) (25 July 2018)

The Secretary of State lawfully exercised discretion under section 79 of the 1990 Act in declining to entertain the appeals, having found clear non-compliance with the statutory requirements for notice and evidence under the GPDO. The decision was not irrational, as the requirements were mandatory and no prejudice analysis could override the statutory scheme. However, where applications are rejected as invalid, Regulation 14(3) of the 2012 Regulations requires that the fees paid be refunded.

Citation
[2018] EWHC 1933 (Admin)
Parties
Claimant: Maximus Networks LTD; Defendant: SSCLG; Interested Party: Southwark London Borough Council; Interested Party: London Borough of Hammersmith and Fulham
Jurisdiction
England and Wales
Judgment Date
25 July 2018
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim dismissed in respect of the lawfulness of the Secretary of State's decision; declaration granted that fees must be refunded for invalid applications.
Legal Topics
Permitted Development Rights, Prior Approval Applications, Planning Appeals, Procedural Validity of Applications, Refund of Planning Fees
Administrative Law Planning Law Permitted Development Rights Prior Approval Applications Planning Appeals Procedural Validity of Applications Refund of Planning Fees

Case Brief

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Parties

Maximus Networks LTD

Claimant

SSCLG

Defendant

Southwark London Borough Council

Interested Party

London Borough of Hammersmith and Fulham

Interested Party

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the Secretary of State (through PINS) lawfully declined to determine planning appeals on the basis of invalid applications due to failure to serve developer's notice and provide evidence thereof under the GPDO.
  2. 2 Whether the Secretary of State failed to exercise or irrationally exercised discretion under section 79 of the Town and Country Planning Act 1990 in refusing to entertain the appeals.
  3. 3 Whether the claimant is entitled to a refund of application fees under Regulation 14(3) of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012.

Ratio Decidendi

The Secretary of State lawfully exercised discretion under section 79 of the 1990 Act in declining to entertain the appeals, having found clear non-compliance with the statutory requirements for notice and evidence under the GPDO. The decision was not irrational, as the requirements were mandatory and no prejudice analysis could override the statutory scheme. However, where applications are rejected as invalid, Regulation 14(3) of the 2012 Regulations requires that the fees paid be refunded.

Court Disposition

Claim dismissed in respect of the lawfulness of the Secretary of State's decision; declaration granted that fees must be refunded for invalid applications.

Orders

  • Grounds 1 and 2 dismissed: The Secretary of State lawfully declined to entertain the appeals.
  • Declaration granted: Fees paid for applications rejected as invalid must be refunded under Regulation 14(3) of the 2012 Regulations.