R (CK Properties (Theydon Bois) Ltd v Epping Forest District Council [2018] EWHC 1649 (Admin)

In R (CK Properties (Theydon Bois) Ltd v Epping Forest District Council [2018] EWHC 1649 (Admin) the Claimant challenged the decision of the Council to submit its local plan to the Secretary of State for examination, on the basis of breaches of procedural requirements, relating essentially to the non-availability of parts of the necessary evidence base. In preliminary proceedings, the Claimant obtained an injunction from Lang J to prevent submission, pending the determination of the judicial review proceedings. The case may primarily be of interest owing to the challenge by the Defendant to jurisdiction to bring the claim, by reference to the preclusive provision of s113(2) of the Planning and Compulsory Purchase Act 2004 and earlier authorities. Supperstone J held that only a challenge to an adopted local plan is precluded by the section, otherwise than by a challenge made under the provisions of s113. Accordingly, a challenge to a submission local plan was not precluded. The claim was rejected on the merits, despite there being breaches of the procedural requirements of both the Local Plan Regulations 2012 and the Act. Permission to appeal is currently being sought. The judgment is here. Christopher Lockhart-Mummery QC appeared for the Claimant.