Neighbourhood Development Plans

July 10th, 2019

Section 61N of the Town and Country Planning Act 1990 is a bespoke and complete scheme for legal challenges to specified decisions and actions within the Neighbourhood Plan process.  The Section is self-contained and comprehensive. It leaves no gaps.  It provides for proceedings to be pursued before a Neighbourhood Plan is made. The six weeks’ time limit for challenging Neighbourhood Development Orders cannot be extended.  Claims must be brought at the particular stage at which a grievance arises.  So held in R (Oyston Estates Ltd) v Fylde Borough Council (2019) EWCA Civ 1152

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