Town and Country Planning Act 1990

287 Proceedings for questioning validity of development plans and certain schemes and orders. E+W

(1) If any person aggrieved by a unitary development plan or a local plan [F1 minerals local plan or waste local plan] or by any alteration, F2 . . .or replacement of any such plan or structure plan, desires to question the validity of the plan or, as the case may be, the alteration, F2 . . . or replacement on the ground—

(a) that it is not within the powers conferred by Part II, or

(b) that any requirement of that Part or of any regulations made under it has not been complied with in relation to the approval or adoption of the plan or, as the case may be, its alteration, F2 . . . or replacement,

he may make an application to the High Court under this section.

(2) On any application under this section the High Court—

(a) may by interim order wholly or in part suspend the operation of the plan, or, as the case may be, the alteration, F2 . . . or replacement, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings;

(b) if satisfied that the plan or, as the case may be, the alteration, F2 . . . or replacement is wholly or to any extent outside the powers conferred by Part II, or that the interests of the applicant have been substantially prejudiced by the failure to comply with any requirement of that Part or of any regulations made under it, may wholly or in part quash the plan or, as the case may be, the alteration, F2 . . . or replacement either generally or in so far as it affects any property of the applicant.

(3) Subsections (1) and (2) shall apply, subject to any necessary modifications, to a simplified planning zone scheme or an alteration of such a scheme or to an order under section 247, 248, 249, 251, 257, 258 or 277 as they apply to any plan or any alteration, F2 . . . or replacement there mentioned.

(4) An application under this section must be made within six weeks from the relevant date.

(5) For the purposes of subsection (4) the relevant date is—

(a) in the case of an application in respect of such a plan as is mentioned in subsection (1), the date of the publication of the first notice of the approval or adoption of the plan, alteration, F2 . . . or replacement required by regulations under section 26 or, as the case may be, section 53,

(b) in the case of an application by virtue of subsection (3) in respect of a simplified planning zone scheme or an alteration of such a scheme, the date of the publication of the first notice of the approval or adoption of the scheme or alteration required by regulations under paragraph 13 of Schedule 7,

(c) in the case of an application by virtue of subsection (3) in respect of an order under section 247, 248, 249, or 251, the date on which the notice required by section 252(10) is first published,

(d) in the case of an application by virtue of subsection (3) in respect of an order under section 257 or 258, the date on which the notice required by paragraph 7 of Schedule 14 is first published in accordance with that paragraph,

(e) in the case of an application by virtue of subsection (3) in respect of an order under section 277, the date on which the notice required by subsection (6) of that section is first published;

but subject, in the case of those orders mentioned in paragraphs (c) and (e) to which section 292 applies, to that section.

(6) In their application to simplified planning zone schemes and their alteration, subsections (1) and (2) shall have effect as if they referred to Part III instead of Part II.

Textual Amendments

F1 Words in s. 287(1) inserted (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. II, para. 31(b) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

F2 Word in s. 287(1)(2)(3)(5) repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II, para. 31(b), Sch. 19 Pt. I (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art. 4, Sch.3

Modifications etc. (not altering text)

C1 Ss. 284-288 modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 13 para. 16(4) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

Ss. 284-288 modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 14 para. 9(4) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

S. 287 applied (with modifications) (1.4.1996) by 1994 c. 19, s. 66)7), Sch. 17 Pt. II para. 16(2)(5) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2