Pyrosome Ltd v Secretary of State for Levelling Up Housing and Communities & Anor

14 March 2023

[2023] EWHC 563 (Admin)

High Court

A company tried to challenge a planning decision, arguing the inspector made mistakes. The judge said the inspector's decisions were reasonable, even if some details were debatable, and refused to overturn the decision. The company has to pay legal costs.

Key Facts

•Pyrosome Ltd applied for permission to bring a statutory review under section 288 of the Town and Country Planning Act 1990.
•Lang J initially refused permission, citing late filing and an unarguable claim.
•The application was for a planning decision concerning 9 Cheyne Avenue, TW2 6AN.
•The claim involved incorrect claim form (N461 instead of N208PC) and fee.
•The challenged decision was the Planning Inspector's dismissal of an appeal on 23 September 2022.
•The key grounds of challenge related to errors in the Inspector's assessment of character and appearance, car parking, affordable housing, and a dormer loft conversion.

Legal Principles

Standing to challenge a planning decision requires a relevant interest in the land.

Eco-Energy (GB) Limited v First Secretary of State [2004] EWCA Civ 1566 [2005] 2 P & CR 5 at §7

The court has discretion to permit correction of filing a claim on the wrong form.

Croke v SSCLG [2019] EWCA Civ 54 [2019] PTSR 1406 at §9

Courts consider the implications of inadvertent miscalculation of court fees (obiter dicta).

Hayes v Butters [2021] EWCA Civ 252 [2021] 1 WLR 2886 at §24

A statutory review challenge succeeds only if there is a public law legal error.

None explicitly cited, but implied throughout the judgment.

Outcomes

Permission for statutory review was refused.

The claim lacked realistic prospects of success due to the lack of material errors of law in the Inspector's decision and the unimpeachable conclusions on character and appearance.

The Claimant was ordered to pay the Secretary of State’s costs of £5,804.50.

This was in line with Lang J's previous order and due to the lack of objection filed by the claimant.

Pyrosome Ltd v Secretary of State for Levelling Up Housing and Communities & Anor

Key Facts

Legal Principles

Outcomes

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