Bellamile Ltd, R (On the Application Of) v Ashford Borough Council

Bellamile Ltd, R (On the Application Of) v Ashford Borough Council

The statutory six-week time limit for challenging a local plan under section 113 of the Planning and Compulsory Purchase Act 2004 is strict and absolute, with no general discretion to extend. The claimant failed to provide a full, verified explanation for late filing and did not satisfy the test for exceptional extension on human rights grounds. The claim is unarguable on the merits.

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 / Application for Permission to Apply for Judicial Review
Outcome
Application for permission to apply for judicial review dismissed.
Legal Topics
Statutory Time Limits, Local Plan Challenge, Extension of Time, Judicial Review Procedure
Administrative Law Planning Law Statutory Time Limits Local Plan Challenge Extension of Time Judicial Review Procedure

Case Brief

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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 / Application for Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether the claimant is entitled to permission to apply for judicial review of policy 11a in the defendant’s local plan
  2. 2 Whether the court has jurisdiction to extend the statutory time limit for filing a challenge under section 113 of the Planning and Compulsory Purchase Act 2004
  3. 3 Whether the merits of the claim are relevant to the exercise of any exceptional jurisdiction to extend time

Ratio Decidendi

The statutory six-week time limit for challenging a local plan under section 113 of the Planning and Compulsory Purchase Act 2004 is strict and absolute, with no general discretion to extend. The claimant failed to provide a full, verified explanation for late filing and did not satisfy the test for exceptional extension on human rights grounds. The claim is unarguable on the merits.

Court Disposition

Application for permission to apply for judicial review dismissed.

Orders

  • Permission to apply for judicial review is refused.
  • Procedural applications are not considered due to dismissal of the main application.