Time limit for claims brought under section 118 of the Planning Act 2008 (High Court)

Section 118 of the Planning Act 2008 enables a decision on an application for development consent to be challenged by judicial review within “six weeks beginning with the day on which the order is published”. The High Court has confirmed that the six weeks starts running from the date of publication of the order, and not the day after publication (as was argued by the claimants in this case). The claimants were out of time by one day and the court had no jurisdiction to extend the time limit.

The court highlighted the distinction between a period starting with the date of the event and a period that commences from or after the date on which an event occurs. It is vital that legal advisers are alert to this distinction to avoid claims being brought out of time. (R (Blue Green London Plan) v Secretary of State for the Environment, Food and Rural Affairs [2015] EWHC 495 (Admin).)