- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (02/08/2023)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 02/08/2023.
Town and Country Planning Act 1990, Section 287 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
[F1(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.
[F2(2A)An application under this section may not be made without the leave of the High Court.
(2B)An application for leave for the purposes of subsection (2A) must be made before the end of the period of six weeks beginning with the day after the relevant date.]
(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.
[F3(3ZA)An interim order has effect—
(a)if made on an application for leave, until the final determination of—
(i)the question of whether leave should be granted, or
(ii)where leave is granted, the proceedings on any application under this section made with such leave;
(b)in any other case, until the proceedings are finally determined.]
(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.
F4(3C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.]
F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)For the purposes of [F5subsection (2B)] the relevant date is—
(a)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)in the case of an application F7. . . 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 F7. . . 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 F7. . . 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 F7. . . 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.
[F8(5A)References in this Act to an application under this section do not include an application for leave for the purposes of subsection (2A).]
(6)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 287(1)-(3D) substituted for s. 287(1)-(3) (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 9(2) (with s. 111); S.I. 2004/2202, art. 2(h) (subject to transitional provisions and savings in art.4); S.I. 2005/2847, art. 2 (subject to transitional provisions and savings in art. 3)
F2S. 287(2A)(2B) inserted (26.10.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 16 para. 3(2); S.I. 2015/1778, art. 3(b)(ii) (with art. 4(b))
F3S. 287(3ZA) inserted (26.10.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 16 para. 3(3); S.I. 2015/1778, art. 3(b)(ii) (with art. 4(b))
F4S. 287(3C)(4) omitted (26.10.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 16 para. 3(4); S.I. 2015/1778, art. 3(b)(ii) (with art. 4(b))
F5Words in s. 287(5) substituted (26.10.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 16 para. 3(5); S.I. 2015/1778, art. 3(b)(ii) (with art. 4(b))
F6S. 287(5)(a) repealed (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 9(3)(a), Sch. 9 (with s. 111); S.I. 2004/2202, art. 2, Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2, Sch. 1 (subject to transitional provisions and savings in art. 3)
F7Words in s. 287(5)(b)-(e) repealed (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 9(3)(b), Sch. 9 (with s. 111); S.I. 2004/2202, art. 2, Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2, Sch. 1 (subject to transitional provisions and savings in art. 3)
F8S. 287(5A) inserted (26.10.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 16 para. 3(6); S.I. 2015/1778, art. 3(b)(ii) (with art. 4(b))
F9Words in s. 287(6) repealed (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 118, 120, 121, Sch. 6 para. 9(4), Sch. 9 (with s. 111); S.I. 2004/2202, art. 2, Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2, Sch. 1 (subject to transitional provisions and savings in art. 3)
Modifications etc. (not altering text)
C1Ss. 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
C2S. 287, as it continues to have effect by virtue of S.I. 2005/2847 art. 3(3), amended (prosp.) by Planning Act 2008 (c. 29), ss. 186, 241
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys