Farnham Town Council v Secretary of State for Levelling Up Housing & Communities & Ors

Farnham Town Council v Secretary of State for Levelling Up Housing & Communities & Ors

The court has no power to extend time for service of a statutory challenge under section 288 of the Town & Country Planning Act 1990; even if such power existed, the Claimant could not satisfy the criteria for extension. The Inspector lawfully found conflict with policy FNP10 as a whole, and gave adequate and intelligible reasons. The claim fails on all grounds.

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
10 March 2024
Procedural Posture
Statutory Challenge Under Section 288 Town & Country Planning Act 1990 / Judgment After Rolled Up Hearing on Extension of Time and Substantive Claim
Outcome
Claim dismissed
Legal Topics
Statutory Challenge, Extension of Time for Service, Interpretation of Planning Policy, Adequacy of Reasons, Material Considerations in Planning, Neighbourhood Plans
Planning Law Civil Procedure Statutory Challenge Extension of Time for Service Interpretation of Planning Policy Adequacy of Reasons Material Considerations in Planning Neighbourhood Plans

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 Town & Country Planning Act 1990 / Judgment After Rolled Up Hearing on Extension of Time and Substantive Claim

Legal Issues

  1. 1 Whether the court has power to extend time for service of 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
  3. 3 Whether the Inspector failed to have regard to a material consideration (policy FNP10(c))

Ratio Decidendi

The court has no power to extend time for service of a statutory challenge under section 288 of the Town & Country Planning Act 1990; even if such power existed, the Claimant could not satisfy the criteria for extension. The Inspector lawfully found conflict with policy FNP10 as a whole, and gave adequate and intelligible reasons. The claim fails on all grounds.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed in its entirety
  • No extension of time for service granted