Bellamile Ltd, R (On the Application Of) v Ashford Borough Council [2019] EWHC 3627 (Admin) (19 September 2019)

Bellamile Ltd, R (On the Application Of) v Ashford Borough Council [2019] EWHC 3627 (Admin) (19 September 2019)

The statutory six-week time limit under section 113 of the Planning and Compulsory Purchase Act 2004 is strict and absolute, and there is no general or exceptional jurisdiction to extend time on human rights grounds in this scheme. The claimant did not provide a full, verified explanation for late filing and did not...

Source-derived case information.

Citation
[2019] EWHC 3627 (Admin)
Parties
Claimant: Bellamile Limited; Defendant: Ashford Borough Council; Interested Party: Secretary of State for Housing, Communities and Local Government
Jurisdiction
England and Wales
Judgment Date
19 September 2019
Procedural Posture
Judicial Review / Permission Application
Outcome
Application dismissed
Legal Topics
Statutory Time Limits, Local Plan Challenge, Extension of Time, Planning and Compulsory Purchase Act 2004, Article 6 ECHR
Administrative Law Planning Law Statutory Time Limits Local Plan Challenge Extension of Time Planning and Compulsory Purchase Act 2004 Article 6 ECHR

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Parties

Bellamile Limited

Claimant

Ashford Borough Council

Defendant

Secretary of State for Housing, Communities and Local Government

Interested Party

Procedural Posture

Judicial Review / Permission Application

Legal Issues

  1. 1 Whether the six-week statutory time limit under section 113 of the Planning and Compulsory Purchase Act 2004 can be extended on human rights grounds
  2. 2 Whether the claimant did all it could to bring the claim in time
  3. 3 Whether the inspectors erred in law in finding the local plan sound

Ratio Decidendi

The statutory six-week time limit under section 113 of the Planning and Compulsory Purchase Act 2004 is strict and absolute, and there is no general or exceptional jurisdiction to extend time on human rights grounds in this scheme. The claimant did not provide a full, verified explanation for late filing and did not satisfy the test for extension. The grounds of challenge to the local plan are not arguable.

Court Disposition

Application dismissed

Orders

  • Application for permission to apply for judicial review dismissed
  • Procedural applications not determined due to dismissal