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High Court confirms the procedure and legal considerations for applications to extend time to bring a planning judicial review. (Re: Amalgamated Smart Metering Ltd v Rotherham Metropolitan Borough Council)

Published on: 10 April 2025
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Article summary

Dispute Resolution analysis: Where an application for judicial review relates to a decision made by the Secretary of State or a local planning authority under the planning acts, the claim form must be filed not later than six weeks after the grounds to make the claim first arose. However, this rule is not absolute for a judicial review claim and the court has powers under Civil Procedure Rule (CPR) 3.1(2)(a) to extend the time limit. In contrast, the relevant legislation for statutory reviews do not permit the period to be extended at all. Where the time limit has already expired for a planning judicial review, the claimant must apply for an extension of time in the claim form. The application will then be considered by the judge at the same time as deciding whether to grant permission to apply for judicial review....

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