Croke v Secretary of State for Communities and Local Government & Anor

Croke v Secretary of State for Communities and Local Government & Anor

The statutory six-week time limit for bringing a challenge under section 288 of the Town and Country Planning Act 1990 is absolute and cannot be extended except where the last day falls on a day when the court office is closed for the whole day ('dies non') or in truly exceptional circumstances engaging Article 6 ECHR. The applicant's failure to file in time was not due to such circumstances; the court office was open and functioning normally on the last day, and the applicant's difficulties arose from his own actions. There was no breach of Article 6, and no discretion to extend time arose.

Parties
Appellant: John Noel Croke; First Respondent: Secretary of State for Communities and Local Government; Second Respondent: Aylesbury Vale District Council
Jurisdiction
England and Wales
Judgment Date
01 February 2019
Procedural Posture
Civil Appeal / Appeal From the Administrative Court (planning Court) to the Court of Appeal
Outcome
appeal dismissed
Legal Topics
Statutory Time Limits, Planning Appeals, Access to Court, Human Rights—article 6 ECHR, Court Procedure—filing Deadlines
Administrative Law Planning Law Civil Procedure Statutory Time Limits Planning Appeals Access to Court Human Rights—article 6 ECHR Court Procedure—filing Deadlines

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 22 Party arguments 2
Sign in to unlock

Parties

John Noel Croke

Appellant

Secretary of State for Communities and Local Government

First Respondent

Aylesbury Vale District Council

Second Respondent

Procedural Posture

Civil Appeal / Appeal From the Administrative Court (planning Court) to the Court of Appeal

Legal Issues

  1. 1 Whether the statutory six-week time limit for challenging a planning appeal decision under section 288 of the Town and Country Planning Act 1990 can be extended in circumstances where the applicant is not entirely responsible for late filing
  2. 2 Whether the court has discretion to extend the time limit due to actions or inactions of court staff or other exceptional circumstances
  3. 3 Whether human rights considerations (Article 6 ECHR) require an extension of time in this case

Ratio Decidendi

The statutory six-week time limit for bringing a challenge under section 288 of the Town and Country Planning Act 1990 is absolute and cannot be extended except where the last day falls on a day when the court office is closed for the whole day ('dies non') or in truly exceptional circumstances engaging Article 6 ECHR. The applicant's failure to file in time was not due to such circumstances; the court office was open and functioning normally on the last day, and the applicant's difficulties arose from his own actions. There was no breach of Article 6, and no discretion to extend time arose.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; no extension of time granted; no order for relief from sanctions.