What is a section 289?

This is a challenge to an inspector's decision letter on appeal from an enforcement notice. Permission of the Court is required to bring such an appeal.

What are the time limits?

The application for permission to appeal must be made within 28 days after the date on which notice of the decision was given to the applicant . The Court has the power to extend the time. If the application is lodged out of time, the reasons for delay must be given within the grounds of the application. All documents in support of the application must be served on the defendant(s) before the application can be lodged at the Administrative Court Office.

What documents is required to make an application?

1. An affidavit or Witness statement in support of the application. The decision of the Planning Inspectorate must be included as an exhibit.

2. A draft claim form plus one copy. Form N161. Please note that draft forms under s.289 do not strictly need to be signed.

3. An Affidavit or Witness statement confirming the names and addresses of those served and the date of service. If a person who ought to have been served has not been served, the affidavit or Witness Statement must explain the reason for the failure to serve that person.

4. An indexed and paginated bundle of copy documents (including a copy of the application form and the affidavit or Witness statement and exhibit), together with a list of essential readings i.e., a list highlighting the pages within the bundle which are essential for the Judge to read. This is a requirement of the Practice Direction issued by the Lord Chief Justice dated 25 October 1994 (a copy of which can be obtained from the Administrative Court Office).

How much is the fee?

There is a fee of £30.00 payable when issuing the application for permission to apply. Please make all cheques and payable orders payable to HMPG. Solicitors or Company’s cheques are both acceptable. Personal cheques are not acceptable unless supported by a Banker’s cheque guaranteed card, presented in the fee room at the time of lodging the application. Otherwise litigants in person will need to submit Postal Orders.

Where an extension of time for lodging the appeal is sought a fee of £100 is required.

When will the first hearing be heard?

The first hearing, the Permission Stage, should be listed within two months. This is generally done on 3 weeks notice to the defendants

What happens if the Judge grants permission?

If the Judge grants permission, you then have seven days to lodge 5 copies of the claim form (N161) and a fee of £100.00 made payable to HMPG. Solicitors or Company’s cheques are both acceptable. Personal cheques are not acceptable unless supported by a Banker’s cheque guaranteed card, presented in the fee room at the time of lodging the application. Otherwise litigants in person will need to submit Postal Orders.

Who do I serve in section 289 proceedings ?

1 ) The local planning authority as defendant .

2) Treasury Solicitors on behalf of the other defendant, The First Secretary of State, NOT the planning inspectorate. The address for service is:

Treasury Solicitors
Planning section (D3)
Queen Anne's Chambers
28 Broadway
London
SW1H 9JS

When will the full hearing be heard?

12 days after the motion is entered the case will go into the warned list, during these 12 days both sides should lodge all evidence in support of the application as the case can be fixed any time from this day. The application is likely to be listed for hearing within five months, waiting times should be checked with the listing office.

If you require any further information please contact the Administrative Court General Office on 020 7947 6653/ 6655/ 6205 or the Administrative Court Lawyer dealing with this type of cases: Mr I Freer on ext 6501.

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