Procedural directions made by the P&E Court regarding the mode of proceeding (affidavits vs pleadings) are unlikely to constitute appealable 'decisions' under s 498 of the Sustainable Planning Act 2009, and in any event involve no error of law where the judge exercises a legitimate procedural choice. The Court of Appeal will not exercise original declaratory jurisdiction where the P&E Court has jurisdiction under s 456 and the applicant has not pursued its case there. Where applications are abandoned after the opposing party's conduct renders them unnecessary, costs will be awarded against the applicant if the applications would inevitably have failed for independent reasons.
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