Jones v Shropshire Council [2025] EWHC 365 (Admin) (21 February 2025)

Jones v Shropshire Council [2025] EWHC 365 (Admin) (21 February 2025)

The six-year limitation period in section 9(1) of the Limitation Act 1980 does not apply to the administrative issuance of a CIL stop notice under regulation 90 of the Community Infrastructure Levy Regulations 2010, as such issuance is not an 'action' within the meaning of the Act, which is confined to proceedings in a court of law.

Citation
[2025] EWHC 365 (Admin)
Parties
Claimant: Captain Lee Jones; Defendant: Shropshire Council
Jurisdiction
England and Wales
Judgment Date
21 February 2025
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Community Infrastructure Levy (cil), Limitation of Actions, Statutory Interpretation, Enforcement of Planning Obligations

Case Brief

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Parties

Captain Lee Jones

Claimant

Shropshire Council

Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

  1. 1 Does the six-year limitation period in section 9(1) of the Limitation Act 1980 apply to the administrative issuance of a CIL stop notice under regulation 90 of the Community Infrastructure Levy Regulations 2010?

Ratio Decidendi

The six-year limitation period in section 9(1) of the Limitation Act 1980 does not apply to the administrative issuance of a CIL stop notice under regulation 90 of the Community Infrastructure Levy Regulations 2010, as such issuance is not an 'action' within the meaning of the Act, which is confined to proceedings in a court of law.

Court Disposition

Claim dismissed

Orders

  • The claim for judicial review is dismissed.