Planning Application Appeal Deadline Strictly Applied

In a recently decided case, court counters were closed when a litigant in person tried to issue papers, but the High Court would not grant a claimant any extra time for challenging a planning application review, under s288 of the Town & Country Planning Act 1990.

The time limit for this type of challenge is six weeks. In this case, the deadline expired on 23 March 2016. 

On 23 March 2016, a person representing the claimant arrived at court at 4.25pm, but security staff would not let them enter the court building and told them that the court's offices were closed.

The claimant argued that they should have been granted an extra day in which to file their challenge at court, as the court offices should have been accessible to his representative. 

The judge did not agree, and stated that if the claimant's arguments succeeded, it would give rise to a great deal of uncertainty about court deadlines. The judge said: "Litigants whose claims are subject to strict time limits must ... ensure that they attend the court office in good time so that they are not thwarted by unexpected problems".

Deadlines given by the Court in orders and directions, usually require the parties to take certain steps by 4pm on any given day. If the representative in this case had been at Court prior to 4pm and found the counters closed, there is every chance that more time could have been grants. 

Once again, it has been demonstrated how important it is to ensure that deadlines do not pass without the appropriate action having been taken.

At Samuels Solicitors in Barnstaple North Devon, we are experts in assisting clients who have been let down by representatives, including cases where deadlines have been missed. 

If you have been let down by a solicitor or a legal representative, contact us for a free discussion about how we can help.