Barker v Hambleton District Council

Barker v Hambleton District Council

The statutory six-week period for challenging a development plan document under section 113(4) of the Planning and Compulsory Purchase Act 2004 begins on the date of adoption, not the following day. The Council's misstatement of the time limit in its Adoption Statement and Notice of Adoption cannot extend the statutory period. There is no breach of EU law or Article 6 ECHR in applying the statutory time limit as enacted.

Parties
Appellant: Edward Barker; Respondent: Hambleton District Council
Jurisdiction
England and Wales
Judgment Date
09 May 2012
Procedural Posture
Judicial Review / Appeal From High Court (administrative Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Statutory Time Limits, Judicial Review Procedure, Access to Justice, Interpretation of Statutes
Administrative Law Planning Law Statutory Time Limits Judicial Review Procedure Access to Justice Interpretation of Statutes

Case Brief

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Parties

Edward Barker

Appellant

Hambleton District Council

Respondent

Procedural Posture

Judicial Review / Appeal From High Court (administrative Court) to Court of Appeal

Legal Issues

  1. 1 When does the six-week statutory time limit under section 113(4) of the Planning and Compulsory Purchase Act 2004 begin to run?
  2. 2 Can a local authority's misstatement of the statutory time limit extend the period for challenge?
  3. 3 Does EU law or Article 6 ECHR require the court to read words into section 113(4) to prevent a breach of rights?

Ratio Decidendi

The statutory six-week period for challenging a development plan document under section 113(4) of the Planning and Compulsory Purchase Act 2004 begins on the date of adoption, not the following day. The Council's misstatement of the time limit in its Adoption Statement and Notice of Adoption cannot extend the statutory period. There is no breach of EU law or Article 6 ECHR in applying the statutory time limit as enacted.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no extension of time for application under section 113(4)