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Criminal Justice and Courts Act 2015

Criminal Justice and Courts Act 2015

2015 CHAPTER 2

Commentary on Sections

Part 4 – Judicial Review

Planning proceedings

Section 92: Periods of time for certain legal challenges

683.Section 92 amends provisions allowing for legal challenges to planning-related decisions and other actions brought under:

  • section 61N (neighbourhood development orders) and section 106C (development consent obligations) of the Town and Country Planning Act 1990; and

  • section 13 (national policy statements) and section 118 (orders granting development consent) of the Planning Act 2008 (national policy statements).

684.The above provisions currently stipulate that a challenge must be made during a period of six weeks beginning with the day on which a particular event occurs in relation to the decision or action being challenged (for example, the day on which the decision being challenged is published). Section 92 provides that the six-week period does not start to run until the day after that on which the event in question occurred.

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