When must I make a qualifying section239 planning challenge?

Section239 ordinarily requires the application within six weeks from actual confirmation, qualifying statutory taking effect or taking of the relevant action. The order or action must fall within the specified section237 categories. A different planning appeal or judicial-review route is excluded.

Responsible actor. Aggrieved applicant or the directly concerned authority within section239.

Identify actual confirmation, statutory taking effect or taking of the qualifying action.

This is an order or action within section239(4) and the exact section237 categories. Another planning appeal or judicial-review route is excluded.

Only the exact supported ordinary branch is calculated. Standing, competence, changed periods, required forms, copies and actual completion must be established.

1. Exclude the actual event day. Count the exact calendar-day period for the confirmed branch.
2. Check the required document, destination, copies and actual cutoff.

Exclude the actual event day. Count the exact calendar-day period for the confirmed branch.

Calendar days include weekends and holidays. No automatic court-holiday extension is inferred for this Act period. Check actual completion and act earlier where necessary.

Fictitious example

Fictional facts. actual confirmation, statutory taking effect or taking of the qualifying action is established as Tuesday, October 13, 2026. Selected branch. A qualifying order was actually confirmed branch applies. All ordinary source conditions and the actual completion route are established.

Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.

Source condition 1

This is an order or action within section239(4) and the exact section237 categories. Another planning appeal or judicial-review route is excluded.

Source condition 2

The applicant and alleged statutory validity defect fall within239(1) or(2). The selected confirmation, taking-effect or action event is established.

Source condition 3

I established the actual statutory event date. Receipt, publication, a later communication or another procedural date is not automatically substituted.

Source condition 4

The Court of Session application and its actual requirements have been checked. No automatic court-holiday extension or suspension of the underlying order is inferred.

Source condition 5

The ordinary current statutory period applies. No order, extension, postponement, suspension, historical transition or discretionary late permission changes it. Actual timely receipt, copies and the applicable cutoff remain required.

• Only the exact supported ordinary branch is calculated. Standing, competence, changed periods, required forms, copies and actual completion must be established.
• Other procedures have different actors, events, periods and completion requirements. The selected branch does not replace those duties.

• This is an order or action within section239(4) and the exact section237 categories. Another planning appeal or judicial-review route is excluded.
• The applicant and alleged statutory validity defect fall within239(1) or(2). The selected confirmation, taking-effect or action event is established.
• I established the actual statutory event date. Receipt, publication, a later communication or another procedural date is not automatically substituted.
• The Court of Session application and its actual requirements have been checked. No automatic court-holiday extension or suspension of the underlying order is inferred.
• The ordinary current statutory period applies. No order, extension, postponement, suspension, historical transition or discretionary late permission changes it. Actual timely receipt, copies and the applicable cutoff remain required.
• Only the exact supported ordinary branch is calculated. Standing, competence, changed periods, required forms, copies and actual completion must be established.