R (on the application of Finn- Kelcey) v Milton Keynes Council [2008] EWCA Civ 1067, [2008] All ER (D) 94 (Oct)
Given that the CPR expressly provide for a three-month time limit for judicial review, the courts cannot adopt a policy that, in challenges to the grant of a planning permission, a time limit of six weeks will in practice apply.
However, the fact Parliament has prescribed a six-week’s time limit in cases where the permission is granted by the secretary of state rather than by a local planning authority, is not wholly irrelevant to the decision as to what is “prompt” in an individual case.
The obligation to comply with the pre-action protocol does not remove the obligation to bring the claim promptly (a letter is no substitute for the lodging of a claim form). Even if the claim has not been lodged “promptly”, there may be considerations which mean that it is in the public interest that the claim should be allowed to proceed, despite the delay and the absence of any explanation for that delay, eg if there is a strong case for saying that the permission was ultra vires.
