Hinde v Rugby Borough Council & Ors [2011] EWHC 3684 (Admin) (03 November 2011)

Hinde v Rugby Borough Council & Ors [2011] EWHC 3684 (Admin) (03 November 2011)

The statutory six-week period for challenging a development plan document under s.113(4) of the Planning and Compulsory Purchase Act 2004 begins with the date of adoption, is absolute, and cannot be extended or modified by the Civil Procedure Rules. The claim was made out of time and must be struck out.

Citation
[2011] EWHC 3684 (Admin)
Parties
Claimant: David Cairncross Hinde; First Defendant: Rugby Borough Council; Second Defendant: Secretary of State for Communities & Local Government; Interested Party: Bloor Homes Limited
Jurisdiction
England and Wales
Judgment Date
03 November 2011
Procedural Posture
Statutory Challenge Under S.113 Planning and Compulsory Purchase Act 2004 / Application to Strike Out Claim as Out of Time
Outcome
Claim struck out as out of time. Costs awarded to the Interested Party against the Claimant.
Legal Topics
Statutory Time Limits, Judicial Review of Development Plan Documents, Interpretation of Statutory Time Periods, Costs in Statutory Challenges
Planning Law Administrative Law Statutory Time Limits Judicial Review of Development Plan Documents Interpretation of Statutory Time Periods Costs in Statutory Challenges

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Parties

David Cairncross Hinde

Claimant

Rugby Borough Council

First Defendant

Secretary of State for Communities & Local Government

Second Defendant

Bloor Homes Limited

Interested Party

Procedural Posture

Statutory Challenge Under S.113 Planning and Compulsory Purchase Act 2004 / Application to Strike Out Claim as Out of Time

Legal Issues

  1. 1 Whether the application to challenge a development plan document under s.113 of the Planning and Compulsory Purchase Act 2004 was made within the statutory time limit
  2. 2 Whether the Civil Procedure Rules can extend or affect the statutory time period set by s.113(4)
  3. 3 Whether the misstatement of the deadline by the local authority affects the statutory time limit or the exercise of discretion on costs

Ratio Decidendi

The statutory six-week period for challenging a development plan document under s.113(4) of the Planning and Compulsory Purchase Act 2004 begins with the date of adoption, is absolute, and cannot be extended or modified by the Civil Procedure Rules. The claim was made out of time and must be struck out.

Court Disposition

Claim struck out as out of time. Costs awarded to the Interested Party against the Claimant.

Orders

  • The claim under s.113 is struck out as made out of time.
  • The Claimant is to pay the costs of the Interested Party (Bloor Homes Limited).