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Planning

Enforcement notice - Appeal - High Court dismissing claimant's appeal against inspector's determination of appeal against planning enforcement notice - Judge granting claimant permission to appeal to Court of Appeal pursuant to power contained in planning legislation - Whether power to grant permission for second appeal surviving subsequent legislation - Whether grant of permission to appeal to be quashed - Town and Country Planning Act 1990, s 289(6) (as substituted by Planning and Compulsory Purchase Act 1991, s 6(5)) - Access to Justice Act 1999, s 55(1) (as amended by Crime and Courts Act 2013, Sch 9(3), para 52(1)(b), Sch 10(2), para 80) - CPR r 52.13 Miaris v Secretary of State for Communities and Local Government and another [2015] EWHC 2094 (Admin); [2015] WLR (D) 319

28 July 2015

QBD: John Howell QC sitting as a deputy High Court judge

• 17 July 2015

Neither the provisions in section 55(1) of the Access to Justice Act 1999 nor CPR r 52.13 deprived the High Court of the power to grant permission to appeal on a second appeal to the Court of Appeal pursuant to section 289(6) of the Town and Country Planning Act 1990.

John Howell QC, sitting as a deputy judge of the Queen's Bench Division, so held when dismissing the challenge of the Secretary of State for Communities and Local Government to the grant of permission to appeal to the Court of Appeal to the appellant, Stamios Miaris, having dismissed his first appeal, brought under section 289 of the Town and Country Planning Act 1990, to the decision of the Secretary of State's inspector dismissing his challenge to a planning enforcement notice. The chal...

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