[2025] UKUT 280 (LC)

I am asked to decide three things. First, was the application for permission to cross-appeal out of time? Second, should permission be granted and the cross-appeal be allowed in respect of the clauses about wayleaves and conduits? Third, should permission be granted and the cross-appeal allowed in respect of the right to object to planning applications?

As to the time point, the appellant says that the respondent’s application for permission to cross appeal, made when it filed and served its Respondent’s Notice in the appeal, was out of time, and that the application should have been made along with the respondent’s comments on the grounds of appeal pursuant to rule 21(8) and 22(1)(b) of the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010. The appellant is content for an extension of time to be granted, but both parties would like the Tribunal to determine whether the application was out of time, and I heard the parties’ arguments on that point.

On reflection I have decided not to decide whether the application for permission to cross-appeal was out of time. The appellant’s concession that an extension can be given means that my decision on the point would be obiter. It would not prevent the parties arguing the point again. That being the case I prefer not to decide it. If and insofar as it is necessary to do so, I grant the respondent both an extension of time for its application for permission to cross-appeal, and (again, if and insofar as it is necessary) a dispensation from the requirement in rule 21(1) of the Tribunal’s rules that permission be sought from the FTT first. I turn to the grounds for cross-appeal.