England and Wales · Court of Appeal and Supreme Court
When must a planning review hearing refusal be appealed?
CPR 52.10(3) requires the Court of Appeal permission application within 7 days after the High Court decision refusing planning statutory-review permission at a hearing.
- Period
- 7 calendar days after the established operative event
- Trigger
- Decision of the High Court to refuse permission to apply for a planning statutory review
- Rule
- CPR 52.10(1),(3)
CPR 52.10(1),(3) and its official supporting provisions were retained on October 8, 2026. This review concerns when must a planning review hearing refusal be appealed, not an earlier rule edition or a different appeal route.
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When must a planning review hearing refusal be appealed?
CPR 52.10(3) requires the Court of Appeal permission application within 7 days after the High Court decision refusing planning statutory-review permission at a hearing.
Responsible actor. Planning statutory-review appellant.
The planning hearing route starts at the decision. Its totally-without-merit paper route starts at service of the order.
No. This later appeal-permission clock starts at the High Court hearing refusal decision.
The proceeding must be a planning statutory review and the refusal must occur at a hearing. A planning decision or ordinary JR claim is a different procedural event.
CPR 52.10(1),(3)How does this provision count time?
- CPR 52.10(3) requires the Court of Appeal permission application within 7 days after the High Court decision refusing planning statutory-review permission at a hearing.
- Rule 52.10(3) uses the decision. Later service is not this branch’s starting event.
- Confirm the hearing decision and file the permission application at the Court of Appeal. Keep the refusal record and any specific court direction.
For CPR 52.10(1),(3), exclude the established starting day and count the next 7 calendar days. CPR 2.8(3)(b) does not exclude an additional fixed compliance day. This is the ordinary fixed-after branch, not a minimum interval between two specified events.
The CPR 52.10(1),(3) court-office filing act can use CPR 2.8(5) when its fixed endpoint is closed. Check the actual office, any exceptional closure and the order. This does not extend a separate service act.
CPR 52.10(1),(3)What do independently checked examples show?
Fictitious example
The High Court refuses planning statutory-review permission at a hearing on October 08. The proceeding must be a planning statutory review and the refusal must occur at a hearing. A planning decision or ordinary JR claim is a different procedural event.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | The High Court refuses planning statutory-review permission at a hearing on October 08. The proceeding must be a planning statutory review and the refusal must occur at a hearing. A planning decision or ordinary JR claim is a different procedural event. Exactly 7 counted calendar dates follow the established event; the starting date is excluded. | Thursday, October 15, 2026 |
| Example 2. Closed-day boundary | The High Court refuses planning statutory-review permission at a hearing on October 17. For this calendar counterexample the case and event branch are otherwise established. The proceeding must be a planning statutory review and the refusal must occur at a hearing. A planning decision or ordinary JR claim is a different procedural event. Ordinary England/Wales weekend or August 31 bank holiday. No exceptional court-office closure or contrary direction. Exactly 7 counted calendar dates follow the established event; the starting date is excluded. | Monday, October 26, 2026 |
| Example 3. Material procedural branch | The High Court planning-permission hearing refusal occurs on Monday, August 24, 2026. A later sealed order does not replace the hearing-decision event. The proceeding must be a planning statutory review and the refusal must occur at a hearing. A planning decision or ordinary JR claim is a different procedural event. This example establishes the stated operative branch independently of the calendar arithmetic. Exactly 7 counted calendar dates follow the established event; the starting date is excluded. | Tuesday, September 1, 2026 |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Established procedural branch
- The proceeding must be a planning statutory review and the refusal must occur at a hearing. A planning decision or ordinary JR claim is a different procedural event.
- Required completion
- Confirm the hearing decision and file the permission application at the Court of Appeal. Keep the refusal record and any specific court direction.
- Related procedure distinction
- The planning hearing route starts at the decision. Its totally-without-merit paper route starts at service of the order.
- The proceeding must be a planning statutory review and the refusal must occur at a hearing. A planning decision or ordinary JR claim is a different procedural event.
- The planning hearing route starts at the decision. Its totally-without-merit paper route starts at service of the order.
What must the responsible actor complete?
Questions about this procedure
When must a planning review hearing refusal be appealed?
Does the underlying planning decision start these 7 days?
No. This later appeal-permission clock starts at the High Court hearing refusal decision.
CPR 52.10(1),(3)Does service of the hearing refusal order restart time?
Rule 52.10(3) uses the decision. Later service is not this branch’s starting event.
CPR 52.10(1),(3)Is this an ordinary High Court judicial review appeal?
No. Rule 52.10 addresses planning statutory review, with references to Part 8 and PD 54D.
CPR 52.10(1),(3)Can the Court of Appeal grant planning review permission itself?
Rule 52.10(5) permits that alternative rather than permission to appeal.
CPR 52.10(1),(3)Does a paper refusal use the same trigger?
No. The qualifying paper branch uses service of the refusal order under 52.10(4).
CPR 52.10(1),(3)Can an ordinary 21-day notice calculation replace this route?
The special seven-day provision displaces the ordinary 52.12 period when its conditions apply.
CPR 52.10(1),(3)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| CPR 52.10(1),(3) | Check the identified procedure, event, counting rule or qualification |
| CPR 2.8, calculation of time | Check the identified procedure, event, counting rule or qualification |
| CPR 52.15, variation of time | Check the identified procedure, event, counting rule or qualification |