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Planning Act 2008, Section 185 is up to date with all changes known to be in force on or before 18 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.
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In section 113 of PCPA 2004 (validity of strategies, plans and documents) for subsection (7) substitute—
“(7)The High Court may—
(a)quash the relevant document;
(b)remit the relevant document to a person or body with a function relating to its preparation, publication, adoption or approval.
(7A)If the High Court remits the relevant document under subsection (7)(b) it may give directions as to the action to be taken in relation to the document.
(7B)Directions under subsection (7A) may in particular—
(a)require the relevant document to be treated (generally or for specified purposes) as not having been approved or adopted;
(b)require specified steps in the process that has resulted in the approval or adoption of the relevant document to be treated (generally or for specified purposes) as having been taken or as not having been taken;
(c)require action to be taken by a person or body with a function relating to the preparation, publication, adoption or approval of the document (whether or not the person or body to which the document is remitted);
(d)require action to be taken by one person or body to depend on what action has been taken by another person or body.
(7C)The High Court's powers under subsections (7) and (7A) are exercisable in relation to the relevant document—
(a)wholly or in part;
(b)generally or as it affects the property of the applicant.”
Commencement Information
I1S. 185 in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(a)
I2S. 185 in force at 8.8.2014 for W. by S.I. 2014/1769, art. 2(a)
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