Hinde v Rugby Borough Council & Ors

Hinde v Rugby Borough Council & Ors

The 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, not the day after. The period is absolute, not extendable by the CPR, and the claim was therefore out of time. The interested party's application to strike out succeeds, and costs are awarded to the interested party.

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 (planning) / Application to Strike Out Claim as Out of Time; Costs and Permission to Appeal
Outcome
Claim struck out as out of time; costs awarded to interested party; permission to appeal refused
Legal Topics
Statutory Time Limits, Development Plan Challenges, Interpretation of Statutory Provisions, Costs in Planning Litigation
Planning Law Administrative Law Statutory Time Limits Development Plan Challenges Interpretation of Statutory Provisions Costs in Planning Litigation

Case Brief

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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 (planning) / Application to Strike Out Claim as Out of Time; Costs and Permission to Appeal

Legal Issues

  1. 1 What is the correct calculation of the six-week period for challenging a development plan document under s.113 of the Planning and Compulsory Purchase Act 2004?
  2. 2 Does the Civil Procedure Rules (CPR) allow extension or affect the statutory time limit?
  3. 3 Should costs be awarded to the interested party?

Ratio Decidendi

The 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, not the day after. The period is absolute, not extendable by the CPR, and the claim was therefore out of time. The interested party's application to strike out succeeds, and costs are awarded to the interested party.

Court Disposition

Claim struck out as out of time; costs awarded to interested party; permission to appeal refused

Orders

  • Claimant's claim under s.113 struck out as out of time
  • Claimant to pay interested party's costs of and occasioned by the application to strike out, to be assessed if not agreed