The WLR Daily case summaries
[2019] WLR(D) 385
Court of Appeal
Regina (Oyston Estates Ltd) v Fylde Borough Council
[2019] EWCA Civ 1152
Lewison, Lindblom, Rose LJJ
2019 April 11; July 5
Planning— Development— Neighbourhood development plan— Statute providing for challenges to neighbourhood development order at different stages— Claimant seeking judicial review of planning authority’s decision to make plan— Planning authority maintaining claim brought out of time and alleging claimant challenging authority’s earlier consideration of examiner’s report— Whether claim brought out of time— Proper interpretation of statutory framework— Whether court having jurisdiction to entertain proceedings for questioning decision under provision requiring planning authority to consider whether making of plan would breach any EU obligation—
Town and Country Planning Act 1990 (c 8), s 61N, Sch 4B (as inserted by Localism Act 2011 (c 20), Sch 9, para 2, Sch 10)
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Planning and Compulsory Purchase Act 2004 (c 5), s 38A (as inserted by Localism Act 2011 (c 20), Sch 9, para 7)