Court Ruling Underlines Need For Swift Action On Planning Appeals

A court ruling supporting the rejection of a Planning appeal filed a day after the 28-day deadline underlines the need to take advice early and file papers on time, says Planning and construction law specialist Claire Smith.

The recent case of Guest v Minister for Planning and Environment concerned a couple who wanted to appeal against the Planning permission granted to their neighbours for a single storey extension and garage to their listed farm house.

Planning permission was granted on 27 January, triggering a 28-day window for appeals from the day that the permission was given, ending on 23 February.

The complainant's lawyer advised them – wrongly – that they had until 24 February to file their papers. Their planning consultant was not instructed until 22 February and the appeal was not filed until 24 February, 24 hours after the deadline had passed.