England and Wales · Court of Appeal and Supreme Court
When must a totally-without-merit planning refusal be appealed?
For the paper-refusal branch in CPR 52.10(2), apply within 7 days after service of the High Court order refusing planning statutory-review permission. The paper refusal must be recorded totally without merit.
- Period
- 7 calendar days after the established operative event
- Trigger
- Service of the order of the High Court refusing permission to apply for a planning statutory review
- Rule
- CPR 52.10(2),(4)
CPR 52.10(2),(4) and its official supporting provisions were retained on October 8, 2026. This review concerns when must a totally-without-merit planning refusal be appealed, not an earlier rule edition or a different appeal route.
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When must a totally-without-merit planning refusal be appealed?
For the paper-refusal branch in CPR 52.10(2), apply within 7 days after service of the High Court order refusing planning statutory-review permission. The paper refusal must be recorded totally without merit.
Responsible actor. Planning statutory-review appellant.
This paper route differs from the planning hearing refusal, which starts at the refusal decision rather than order service.
Rule 52.10(2) requires the refusal to be recorded totally without merit.
The High Court must have refused planning statutory-review permission on papers with the specified totally-without-merit record. Do not infer that finding from an unsuccessful application.
CPR 52.10(2),(4)How does this provision count time?
- For the paper-refusal branch in CPR 52.10(2), apply within 7 days after service of the High Court order refusing planning statutory-review permission. The paper refusal must be recorded totally without merit.
- Rule 52.10(4) uses service of the High Court order refusing planning review permission.
- Establish effective service of the refusal order and make the Court of Appeal permission application. Preserve the actual recorded finding.
For CPR 52.10(2),(4), 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(2),(4) 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(2),(4)What do independently checked examples show?
Fictitious example
The High Court paper refusal is recorded totally without merit and its order is effectively served on October 08. The High Court must have refused planning statutory-review permission on papers with the specified totally-without-merit record. Do not infer that finding from an unsuccessful application.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | The High Court paper refusal is recorded totally without merit and its order is effectively served on October 08. The High Court must have refused planning statutory-review permission on papers with the specified totally-without-merit record. Do not infer that finding from an unsuccessful application. 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 paper refusal is recorded totally without merit and its order is effectively served on October 17. For this calendar counterexample the case and event branch are otherwise established. The High Court must have refused planning statutory-review permission on papers with the specified totally-without-merit record. Do not infer that finding from an unsuccessful application. 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 planning paper refusal is recorded totally without merit. Its order is effectively served on Monday, August 24, 2026, later than the decision date. The High Court must have refused planning statutory-review permission on papers with the specified totally-without-merit record. Do not infer that finding from an unsuccessful application. 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 High Court must have refused planning statutory-review permission on papers with the specified totally-without-merit record. Do not infer that finding from an unsuccessful application.
- Required completion
- Establish effective service of the refusal order and make the Court of Appeal permission application. Preserve the actual recorded finding.
- Related procedure distinction
- This paper route differs from the planning hearing refusal, which starts at the refusal decision rather than order service.
- The High Court must have refused planning statutory-review permission on papers with the specified totally-without-merit record. Do not infer that finding from an unsuccessful application.
- This paper route differs from the planning hearing refusal, which starts at the refusal decision rather than order service.
What must the responsible actor complete?
Questions about this procedure
When must a totally-without-merit planning refusal be appealed?
Is an unsuccessful paper planning application enough?
Rule 52.10(2) requires the refusal to be recorded totally without merit.
CPR 52.10(2),(4)Which date starts the seven-day filing period?
Rule 52.10(4) uses service of the High Court order refusing planning review permission.
CPR 52.10(2),(4)Can the judgment date replace service of the refusal order?
No. This branch expressly uses order service; establish that event before counting.
CPR 52.10(2),(4)Does the planning hearing branch also require this paper finding?
The hearing branch has separate conditions under 52.10(1),(3).
CPR 52.10(2),(4)Can the Court of Appeal give permission for the planning review itself?
Yes. Rule 52.10(5) provides that alternative to permission to appeal.
CPR 52.10(2),(4)Is this the deadline to start the original planning statutory review?
No. It is the later Court of Appeal permission application after the specified High Court refusal.
CPR 52.10(2),(4)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| CPR 52.10(2),(4) | 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 |