SCHEDULES

SCHEDULE 6Amendments of the planning Acts

Town and Country Planning Act 1990 (c. 8)

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1

Section 287 (procedure for questioning the validity of certain matters) is amended as follows.

2

For subsections (1) to (3) there are substituted the following subsections—

1

This section applies to—

a

a simplified planning zone scheme or an alteration of such a scheme;

b

an order under section 247, 248, 249, 251, 257, 258 or 277,

and anything falling within paragraphs (a) and (b) is referred to in this section as a relevant document.

2

A person aggrieved by a relevant document may make an application to the High Court on the ground that—

a

it is not within the appropriate power, or

b

a procedural requirement has not been complied with.

3

The High Court may make an interim order suspending the operation of the relevant document—

a

wholly or in part;

b

generally or as it affects the property of the applicant.

3A

Subsection (3B) applies if the High Court is satisfied—

a

that a relevant document is to any extent outside the appropriate power;

b

that the interests of the applicant have been substantially prejudiced by a failure to comply with a procedural requirement.

3B

The High Court may quash the relevant document—

a

wholly or in part;

b

generally or as it affects the property of the applicant.

3C

An interim order has effect until the proceedings are finally determined.

3D

The appropriate power is—

a

in the case of a simplified planning zone scheme or an alteration of the scheme, Part III;

b

in the case of an order under section 247, 248, 249, 251, 257, 258 or 277, the section under which the order is made.

3

In subsection (5)—

a

paragraph (a) is omitted;

b

in each of paragraphs (b) to (e) the words “by virtue of subsection (3)” are omitted.

4

Subsection (6) is omitted.