Farnham Town Council v Secretary of State for Levelling Up Housing & Communities & Anor [2024] EWHC 2458 (Admin) (03 October 2024)

Farnham Town Council v Secretary of State for Levelling Up Housing & Communities & Anor [2024] EWHC 2458 (Admin) (03 October 2024)

The court held that, in light of amendments to the Civil Procedure Rules and Practice Direction 54D, the statutory 6-week period for both issue and service of a section 288 challenge is absolute. The court's discretion to extend time for service is limited and must be exercised by analogy with CPR 7.6. As the claimant could not satisfy the criteria analogous to CPR 7.6(3), the application to extend time for service must be refused and the claim fails.

Citation
[2024] EWHC 2458 (Admin)
Parties
Claimant: Farnham Town Council; First Defendant: Secretary of State for Levelling Up Housing & Communities; Second Defendant: Wates Developments Limited; Third Defendant: Waverley Borough Council
Jurisdiction
England and Wales
Judgment Date
03 October 2024
Procedural Posture
Statutory Challenge Under Section 288 of the Town & Country Planning Act 1990 / Application to Extend Time for Service and Permission to Proceed With Statutory Review
Outcome
Claim dismissed
Legal Topics
Statutory Challenge, Extension of Time, Service of Proceedings, Planning Permission, Judicial Discretion
Administrative Law Planning Law Civil Procedure Statutory Challenge Extension of Time Service of Proceedings Planning Permission Judicial Discretion

Case Brief

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Parties

Farnham Town Council

Claimant

Secretary of State for Levelling Up Housing & Communities

First Defendant

Wates Developments Limited

Second Defendant

Waverley Borough Council

Third Defendant

Procedural Posture

Statutory Challenge Under Section 288 of the Town & Country Planning Act 1990 / Application to Extend Time for Service and Permission to Proceed With Statutory Review

Legal Issues

  1. 1 Whether the court has power to extend time for service of proceedings in a statutory challenge under section 288 of the Town & Country Planning Act 1990
  2. 2 Whether, if such power exists, it should be exercised in favour of the claimant

Ratio Decidendi

The court held that, in light of amendments to the Civil Procedure Rules and Practice Direction 54D, the statutory 6-week period for both issue and service of a section 288 challenge is absolute. The court's discretion to extend time for service is limited and must be exercised by analogy with CPR 7.6. As the claimant could not satisfy the criteria analogous to CPR 7.6(3), the application to extend time for service must be refused and the claim fails.

Court Disposition

Claim dismissed

Orders

  • Application to extend time for service refused
  • Claim under section 288 of the Town & Country Planning Act 1990 dismissed