Valentine London Ltd v Secretary of State for Housing, Communities and Local Government & Anor [2026] EWHC 790 (Admin) (01 April 2026)

Valentine London Ltd v Secretary of State for Housing, Communities and Local Government & Anor [2026] EWHC 790 (Admin) (01 April 2026)

The claimant failed to serve the sealed claim form within the statutory 6-week period as required by s.288 of the Town and Country Planning Act 1990 and CPR PD54D §4.11. Service of an unsealed claim form by email before the deadline did not constitute valid service. The claimant was aware of the correct method and address for service but failed to take the necessary steps. There was no good reason to retrospectively validate service under CPR 6.15 or to extend time under CPR 7.6(3). The claim was not properly served and must be set aside.

Citation
[2026] EWHC 790 (Admin)
Parties
Claimant: Valentine London Limited; First Defendant: Secretary of State for Housing, Communities and Local Government; Second Defendant: South Hams District Council
Jurisdiction
England and Wales
Judgment Date
01 April 2026
Procedural Posture
Planning Statutory Review (s.288 Town and Country Planning Act 1990) / Application to Discharge Order Setting Aside Claim for Failure to Serve Sealed Claim Form Within 6 Week Statutory Period
Outcome
Claim dismissed; application to discharge order refused.
Legal Topics
Service of Claim Form, Retrospective Validation of Service (cpr 6.15), Extension of Time for Service (cpr 7.6(3)), Planning Statutory Review, Jurisdictional Requirements, Access to Court
Civil Procedure Planning Law Service of Claim Form Retrospective Validation of Service (cpr 6.15) Extension of Time for Service (cpr 7.6(3)) Planning Statutory Review Jurisdictional Requirements Access to Court

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Parties

Valentine London Limited

Claimant

Secretary of State for Housing, Communities and Local Government

First Defendant

South Hams District Council

Second Defendant

Procedural Posture

Planning Statutory Review (s.288 Town and Country Planning Act 1990) / Application to Discharge Order Setting Aside Claim for Failure to Serve Sealed Claim Form Within 6 Week Statutory Period

Legal Issues

  1. 1 Whether the court should retrospectively validate steps taken as good service under CPR 6.15
  2. 2 Whether the court should extend time for service under CPR 7.6(3) by analogy via CPR 3.1(2)(a)
  3. 3 Whether the claimant took all reasonable steps to effect service within the statutory period

Ratio Decidendi

The claimant failed to serve the sealed claim form within the statutory 6-week period as required by s.288 of the Town and Country Planning Act 1990 and CPR PD54D §4.11. Service of an unsealed claim form by email before the deadline did not constitute valid service. The claimant was aware of the correct method and address for service but failed to take the necessary steps. There was no good reason to retrospectively validate service under CPR 6.15 or to extend time under CPR 7.6(3). The claim was not properly served and must be set aside.

Court Disposition

Claim dismissed; application to discharge order refused.

Orders

  • Claim for planning statutory review set aside for failure to serve sealed claim form within statutory period.
  • Application for retrospective validation of service and extension of time refused.