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Town and country planning Core strategy
Administrative Court
Lewison J
2 March 2015
Town and country planning - Challenge to development plan document - Time limit - Section 113 of Planning and Compulsory Purchase Act 2004 - Respondent parish council seeking order quashing development plan document - Six-week period for making such application ending on Sunday when court office closed - Whether application in time when made on next available working day - Applicant applying to strike out respondent's claim - Whether respondent's claim time-barred - Application dismissed
The applicant city council applied to strike out a claim made by the respondent parish council, under section 113 of the Planning and Compulsory Purchase Act 2004, to quash a development plan document which contained the core strategy adopted by the applicants for their area.
The applicants contended that the claim was time-barred, having been made after the expiry of the relevant six-week time limit under section 113(4) of the 2004 Act. On a strict interpretation of section 113(4), the period of six weeks had ended on a Sunday, when the court office...