Neighbourhood Plan Judicial Review to proceed.

The owners of Swan Quay have been granted permission for judicial review of the Faversham Creek Neighbourhood Plan. They had applied for permission on three legal grounds, two of which were rejected. But one was allowed to go forward to judicial review: that the examiner and Swale Borough Council acted ultra vires (ie, beyond what they are legally allowed to do) in making the modifications which the examiner said were necessary to meet the basic conditions for neighbourhood plans.

Assuming that Swale Borough Council intends to defend its case, which it has previously said it would do, both sides have up to 35 days in which to prepare their submissions. The judicial review should then take place within 10 weeks. So probably 3-4 months altogether.

The judicial review will not be a re-examination of the plan. A decision will be based purely on the legal process concerning the final submission and examination.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s