Edward Barker v Hambleton District Council
Language: English Publication details: 2012Subject(s): Online resources: Summary: [2012] EWCA Civ 610, 9 May 2012. Concerns the application to quash part of the "Hambleton Allocations Development Plan Document"(ADPD), a processed governed by s113 of the Planning and Compulsory Purchase Act 2004. Appellant B's application was dismissed in the Administrative Court for want of jurisdiction on the basis that it was out of time. B appealed. "Held": appeal dismissed. No impairment of "the very essence" of the right of access to the court had occurred. Planning cases are not simply of bilateral significance: other parties were entitled to assume, without the need to engage in litigation, that if no valid application was made within the statutory time limit, the ADPD would be beyond challenge.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 156956-2001 |
[2012] EWCA Civ 610, 9 May 2012. Concerns the application to quash part of the "Hambleton Allocations Development Plan Document"(ADPD), a processed governed by s113 of the Planning and Compulsory Purchase Act 2004. Appellant B's application was dismissed in the Administrative Court for want of jurisdiction on the basis that it was out of time. B appealed. "Held": appeal dismissed. No impairment of "the very essence" of the right of access to the court had occurred. Planning cases are not simply of bilateral significance: other parties were entitled to assume, without the need to engage in litigation, that if no valid application was made within the statutory time limit, the ADPD would be beyond challenge.