Part XII Validity of Planning Instruments and Decisions and Proceedings Relating Thereto
C1C2233 Proceedings for questioning validity of other orders, decisions and directions.
1
If any person—
a
is aggrieved by any order to which this section applies and desires to question the validity of that order, on the grounds that the order is not within the powers of this Act, or that any of the relevant requirements have not been complied with in relation to that order; or
C3b
is aggrieved by any action on the part of the Secretary of State to which this section applies and desires to question the validity of that action, on the grounds that the action is not within the powers of this Act, or that any of the relevant requirements have not been complied with in relation to that action,
he may, within six weeks from the date on which the order is confirmed or the action is taken, as the case may be, make an application to the Court of Session under this section.
C32
Without prejudice to subsection (1) of this section, if the authority directly concerned with any order to which this section applies, or with any action on the part of the Secretary of State to which this section applies, desire to question the validity of that order or action on any of the grounds mentioned in subsection (1) of this section, the authority may, within six weeks from the date on which the order is confirmed or the action is taken, as the case may be, make an application to the Court of Session under this section.
3
This section applies to any such order as is mentioned in subsection (2) of section 231 of this Act F2 and to any such action on the part of the Secretary of State as is mentioned in subsection (3) of the said section 231.
4
On any application under this section the Court of Session—
a
may by interim order suspend the operation of the order or action, the validity whereof is questioned by the application, until the final determination of the proceedings;
b
if satisfied that the order or action in question is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any of the relevant requirements in relation thereto, may quash that order or action:
Provided that paragraph (a) of this subsection shall not apply to applications questioning the validity of tree preservation orders.
5
In relation to a tree preservation order, or to an order made in pursuance of section 61(4) of this Act, the powers conferred on the Court of Session by subsection (4) of this section shall be exercisable by way of quashing or (where applicable) suspending the operation of the order either in whole or in part, as the court may determine.
6
References in this section to the confirmation of an order include the confirmation of an order subject to modifications as well as the confirmation of an order in the form in which it was made.
C4C5C67
In this section “the relevant requirements”, in relation to any order or action to which this section applies, means any requirements of this Act or of the M1Tribunals and Inquiries Act 1971 (or any enactment replaced thereby), or of any order, regulations or rules made under this Act or under that Act (or any such enactment), which are applicable to that order or action, and any reference to the authority directly concerned with any order or action to which this section applies is a reference to the F3 planning authority, and, in relation to any such decision as is mentioned in section 231(3)(i) or (j) of this Act, being a decision confirming the notice in question subject to the substitution of another local authority or statutory undertakers for the F3 planning authority, shall be construed as including a reference to that other local authority or those statutory undertakers.