Sunday, 14 July 2019
Developers ruled "too late" to challenge a Neighbourhood Plan
Useful Appeal Court judgement on the timing of challenging Neighbourhood Plans through a Judicial Review published earlier this month. The basic point, as far as I understand it, is that developers should not wait until the very end (when the Local Planning Authority 'make' the plan) to make a challenge, if the legal challenge could have been raised earlier in the process. A sensible decision on the face of it - the key point (para 37) being that the basic intent of the legislation is "to enable claims to be brought straight away when the grievance in question arises; and prevent them being put off to a later stage of the process, or its end – thus avoiding the cost, disruption and uncertainty of challenges that could and should have been made sooner"