Planning Act 2008

Chapter 9 E+W Legal challenges

118 Legal challenges relating to applications for orders granting development consent E+W

(1) A court may entertain proceedings for questioning an order granting development consent only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed during the period of 6 weeks beginning with—

(i) the day on which the order is published, or

(ii) if later, the day on which the statement of reasons for making the order is published.

(2) A court may entertain proceedings for questioning a refusal of development consent only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed during the period of 6 weeks beginning with the day on which the statement of reasons for the refusal is published.

(3) A court may entertain proceedings for questioning a decision of the [F1 Secretary of State] under section 55 not to accept an application for an order granting development consent only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed during the period of 6 weeks beginning with the day on which the [F1 Secretary of State] notifies the applicant as required by subsection (7) of that section.

(4) A court may entertain proceedings for questioning a decision under paragraph 1 of Schedule 4 in relation to an error or omission in a decision document only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed during the period of 6 weeks beginning with the day on which a correction notice in respect of the error or omission is issued under paragraph 2 of that Schedule or, if the correction is required to be made by order contained in a statutory instrument, the day on which the order is published.

(5) A court may entertain proceedings for questioning a decision under paragraph 2(1) of Schedule 6 to make a change to an order granting development consent only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed during the period of 6 weeks beginning with the day on which notice of the change is given under paragraph 2(12)(b) of that Schedule or, if the change to the order is required to be made by order contained in a statutory instrument, the day on which the order making the change is published.

(6) A court may entertain proceedings for questioning a decision under paragraph 3(1) of Schedule 6 to make a change to, or revoke, an order granting development consent only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed during the period of 6 weeks beginning with the day on which notice of the change or revocation is given under paragraph 4(6) of that Schedule or, if the change or revocation is required to be made by order contained in a statutory instrument, the day on which the order making the change or revocation is published.

(7) A court may entertain proceedings for questioning anything else done, or omitted to be done, by the Secretary of State F2 ... in relation to an application for an order granting development consent only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed during the period of 6 weeks beginning with the relevant day.

(8) “The relevant day”, in relation to an application for an order granting development consent, means the day on which—

(a) the application is withdrawn,

(b) the order granting development consent is published or (if later) the statement of reasons for making the order is published, or

(c) the statement of reasons for the refusal of development consent is published.

(9) Subsections (7) and (8) do not apply in relation to—

(a) a failure to decide an application for an order granting development consent, or

(b) anything which delays (or is likely to delay) the decision on such an application.

Textual Amendments

F1 Words in s. 118(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 59(2); S.I. 2012/628, art. 7(a)

F2 Words in s. 118(7) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 59(3), Sch. 25 Pt. 20; S.I. 2012/628, art. 7

Commencement Information

I1 S. 118 in force at 1.3.2010 by S.I. 2010/101, art. 4(c) (with art. 6)

I2 S. 118 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)