Q&As

Must a challenge under the TCPA 1990, s 288 be served within six weeks or seven days? Does Part 8 or 54 take precedence in terms of the timing for serving the claim form under s 288 challenge?

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Published on LexisPSL on 13/11/2015

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • Must a challenge under the TCPA 1990, s 288 be served within six weeks or seven days? Does Part 8 or 54 take precedence in terms of the timing for serving the claim form under s 288 challenge?
  • Requirement for service of a Part 8 claim
  • The effect of CPR 54

Must a challenge under the TCPA 1990, s 288 be served within six weeks or seven days? Does Part 8 or 54 take precedence in terms of the timing for serving the claim form under s 288 challenge?

CPR 54.23 states that:

These Rules and their practice directions will apply to Planning Court claims unless this section or a practice direction provides otherwise

‘Planning court claims’ include statutory review claims (CPR 54.21). However, we are also aware that the CPR, Pt 8 applies to claims under the Town and Country Planning Act 1990, s 288 (TCPA 1990), because PD 8A, 9.2 states that it applies to an

application under any enactment giving the High Court jurisdiction to quash or prohibit any order, scheme, certificate or plan…any decision of a Minister or government department

which includes applications to quash planning decisions under TCPA 1990, s 288.

CPR PD 8A 22.3 states that the claim form must be filed at the administrative court and served within the time limited by the relevant enactment for making the application. Under TCPA 1990, s 288, this would be six weeks from the date of the decision.

The question relates to whether CPR, Pt 8

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