Oyston Estates Ltd, R (On the Application Of) v Fylde Borough Council

Oyston Estates Ltd, R (On the Application Of) v Fylde Borough Council

Section 61N of the Town and Country Planning Act 1990 establishes discrete, sequential opportunities for legal challenge at specified stages of the neighbourhood plan process, each with a strict six-week time limit. A claim challenging the council's consideration of the examiner's report must be brought under section 61N(2) within six weeks of publication of that decision. The appellant's claim, although framed as a challenge to the making of the plan, was in substance a challenge to the earlier stage and was therefore out of time. Section 61N(1) does not provide a route for challenge where the grievance relates to an earlier stage covered by section 61N(2).

Parties
Appellant: Oyston Estates Ltd.; Respondent: Fylde Borough Council; Interested Party: St Anne’s on the Sea Town Council
Jurisdiction
England and Wales
Judgment Date
05 July 2019
Procedural Posture
Judicial Review / Appeal
Outcome
appeal dismissed
Legal Topics
Statutory Interpretation, Judicial Review, Neighbourhood Development Plans, Time Limits for Legal Challenges
Administrative Law Planning Law Statutory Interpretation Judicial Review Neighbourhood Development Plans Time Limits for Legal Challenges

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Parties

Oyston Estates Ltd.

Appellant

Fylde Borough Council

Respondent

St Anne’s on the Sea Town Council

Interested Party

Procedural Posture

Judicial Review / Appeal

Legal Issues

  1. 1 Whether the claim for judicial review was brought within the statutory time limits under section 61N of the Town and Country Planning Act 1990
  2. 2 Proper interpretation of section 61N regarding stages and timing of legal challenges to neighbourhood plan decisions
  3. 3 Scope of challenge under section 61N(1) versus section 61N(2)

Ratio Decidendi

Section 61N of the Town and Country Planning Act 1990 establishes discrete, sequential opportunities for legal challenge at specified stages of the neighbourhood plan process, each with a strict six-week time limit. A claim challenging the council's consideration of the examiner's report must be brought under section 61N(2) within six weeks of publication of that decision. The appellant's claim, although framed as a challenge to the making of the plan, was in substance a challenge to the earlier stage and was therefore out of time. Section 61N(1) does not provide a route for challenge where the grievance relates to an earlier stage covered by section 61N(2).

Court Disposition

appeal dismissed