Oyston Estates Ltd, R (On the Application Of) v St Anne's-On-The-Sea Town Council [2017] EWHC 3086 (Admin) (30 November 2017)

Oyston Estates Ltd, R (On the Application Of) v St Anne's-On-The-Sea Town Council [2017] EWHC 3086 (Admin) (30 November 2017)

The claim was out of time because it sought to challenge the legality of the local planning authority's March 2017 decision, for which the statutory six-week period had expired before the claim was filed. The statutory scheme requires challenges to each stage to be brought within the specific time limit for that stage, and does not permit later challenges to earlier decisions after their time limit has expired.

Citation
[2017] EWHC 3086 (Admin)
Parties
Claimant: Oyston Estates Limited; Defendant: Fylde Borough Council; Interested Party: St Anne's-on-the-Sea Town Council
Jurisdiction
England and Wales
Judgment Date
30 November 2017
Procedural Posture
Judicial Review / Preliminary Issue on Time Limit for Bringing Claim
Outcome
Permission for judicial review refused as out of time.
Legal Topics
Neighbourhood Development Plans, Judicial Review Time Limits, Localism Act 2011, Planning and Compulsory Purchase Act 2004, Town and Country Planning Act 1990
Planning Law Administrative Law Neighbourhood Development Plans Judicial Review Time Limits Localism Act 2011 Planning and Compulsory Purchase Act 2004 Town and Country Planning Act 1990

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Parties

Oyston Estates Limited

Claimant

Fylde Borough Council

Defendant

St Anne's-on-the-Sea Town Council

Interested Party

Procedural Posture

Judicial Review / Preliminary Issue on Time Limit for Bringing Claim

Legal Issues

  1. 1 Whether the claim for judicial review was brought within the statutory six-week time limit under section 61N of the Town and Country Planning Act 1990
  2. 2 Whether a challenge to an earlier stage in the neighbourhood plan process can be brought after the time limit for that stage has expired

Ratio Decidendi

The claim was out of time because it sought to challenge the legality of the local planning authority's March 2017 decision, for which the statutory six-week period had expired before the claim was filed. The statutory scheme requires challenges to each stage to be brought within the specific time limit for that stage, and does not permit later challenges to earlier decisions after their time limit has expired.

Court Disposition

Permission for judicial review refused as out of time.

Orders

  • Permission to appeal granted.
  • Claimant to pay defendant's costs of the acknowledgement of service, summarily assessed at £1,250, to be paid immediately.