R (Oyston Estates Ltd) v Fylde Borough Council

Subject Matter

PLANNING — Development — Neighbourhood development plan — Claimant seeking judicial review of planning authority’s decision to make neighbourhood development plan — Planning authority contending claimant in fact challenging authority’s earlier consideration of examiner’s report — Whether claim brought out of time — Town and Country Planning Act 1990 (c 8), s 61N, Sch 4B (as inserted by Localism Act 2011 (c 20), s 116, Sch 9, para 2, Sch 10) — Planning and Compulsory Purchase Act 2004 (c 5), s 38A (as inserted by Localism Act 2011, s 116, Sch 9, para 7)

[2019] EWCA Civ 1152; [2019] 1 WLR 5484; [2019] WLR(D) 385, CA

PLANNING — Development — Neighbourhood development plan — Claimant seeking judicial review of planning authority’s decision to make neighbourhood development plan — Claim in fact challenging legality of authority’s prior decision not to accept independent examiner’s recommendation regarding plan — Whether claim brought out of time — Whether time limit relevant to prior decision applying — Town and Country Planning Act 1990 (c 8), s 61N

[2021] UKSC 18; [2021] 1 WLR 2794; [2021] 4 All ER 381; [2021] WLR(D) 281, SC(E)

Appellate History

Commentary

11 KBW Local Government Law
Neighbourhood Development Plans Case comment

UK Supreme Court Blog
Case Comment: R (on the application of Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council [2021] UKSC 18 Case comment

Blackstones Civil Practice 2023
Permission to Proceed with a Claim for Judicial Review - Timescales for commencement 77.36