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Rule 52.28 Appeals under certain planning legislationF1

(1)

Where the Secretary of State has given a decision in proceedings on an appeal under Part VII of the Town and Country Planning Act 1990 against an enforcement notice—

(a)

the appellant;

(b)

the local planning authority; or

(c)

another person having an interest in the land to which the notice relates,

may appeal to the High Court against the decision on a point of law.

(2)

Where the Secretary of State has given a decision in proceedings on an appeal under Part VIII of that Act against a notice under section 207 of that Act—

(a)

the appellant;

(b)

the local planning authority; or

(c)

another person (other than the appellant) on whom the notice was served,

may appeal to the High Court against the decision on a point of law.

(3)

Where the Secretary of State has given a decision in proceedings on an appeal under section 39 of the Planning (Listed Buildings and Conservation Areas) Act 1990 against a listed building enforcement notice—

(a)

the appellant;

(b)

the local planning authority; or

(c)

any other person having an interest in the land to which the notice relates,

may appeal to the High Court against the decision on a point of law.

Annotations

Textual amendments

F1

Pt. 52 substituted (3.10.2016) by The Civil Procedure (Amendment No. 3) Rules 2016 (S.I. 2016/788), rule 2, Sch. (with rule 16)

Notes on Part 52

Textual amendments

F2

Words in Pt. 52 Table of Contents inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 24(1)(a)

F3

Words in Pt. 52 Table of Contents inserted (1.10.2024) by virtue of The Civil Procedure (Amendment No. 3) Rules 2024 (S.I. 2024/839), rules 1(1), 13(1)

F4

Words in Pt. 52 Table of Contents inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 24(1)(b)

F5

Words in Pt. 52 Table of Contents inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 24(1)(c)

Modifications

C1

Pt. 52 applied (6.4.2017) by The Insolvency (England and Wales) Rules 2016 (S.I. 2016/1024), rules 1, 12.58 (with rule 3(3), Sch. 2)

C2

Pt. 52 applied (5.7.2018) by The Housing Administration (England and Wales) Rules 2018 (S.I. 2018/719), rules 1.1, 4.40 (with rule 1.2)

C3

Pt. 52 applied (31.1.2019) by The Education Administration Rules 2018 (S.I. 2018/1135), rules 1, 4.37 (with rule 1.2)

C4

Pt. 52 applied (1.8.2020) by The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020 (S.I. 2020/629), rules 1, 133(3) (with rule 4(1))

C5

Pt. 52 applied (with modifications) (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 187, 236-239 (with rule 5)

C6

Pt. 52 applied (18.7.2023) by The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023 (S.I. 2023/712), rules 1(2)(a), 129(3) (with rule 2)

C7

Pt. 52 applied (19.11.2025) by The Carbon Dioxide Transport and Storage (Licensed Operators) Administration (England and Wales) Rules 2025 (S.I. 2025/1135), rules 1(2)(a), 129(3) (with rule 2(1))