A claim to set aside parts of a local plan had been filed in the wrong court, and without the forms as now required under the Civil Procedure Rules. A new application would be out of time. An application allowing transfer and correction of the faults succeeded, since the true nature of the claim was clear, and formal rules should not defeat compliance with a statutory time limit.
Citations:
Times 15-Oct-1999, Gazette 02-Sep-1999, [1999] EWHC Admin 805
Links:
Statutes:
Town and Country Planning Act 1990 287
Jurisdiction:
England and Wales
Planning, Civil Procedure Rules
Updated: 07 December 2022; Ref: scu.140069