Town and Country Planning Act 1990

[F1 61N Legal challenges in relation to neighbourhood development orders E+W

(1) A court may entertain proceedings for questioning a decision to act under section 61E(4) or (8) only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the period of 6 weeks beginning with [F2 the day after] the day on which the decision is published.

(2) A court may entertain proceedings for questioning a decision under paragraph 12 of Schedule 4B (consideration by local planning authority of recommendations made by examiner etc) [F3 or paragraph 13B of that Schedule (intervention powers of Secretary of State)] only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the period of 6 weeks beginning with [F4 the day after] the day on which the decision is published.

(3) A court may entertain proceedings for questioning anything relating to a referendum under paragraph 14 or 15 of Schedule 4B only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed [F5 before the end of] the period of 6 weeks beginning with [F6 the day after] the day on which the result of the referendum is declared.]

Textual Amendments

F1 Ss. 61E-61Q and cross-heading inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 9 para. 2; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F2 Words in s. 61N(1)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(1)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71

F3 Words in s. 61N(2) inserted (1.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 141(3), 216(3); S.I. 2016/733, reg. 4(1)(b)

F4 Words in s. 61N(2)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(1)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71

F5 Words in s. 61N(3)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(1)(b)(i), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71

F6 Words in s. 61N(3)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(1)(b)(ii), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71

Modifications etc. (not altering text)

C1 S. 61N applied (with modifications) by 2004 c. 5, s. 38C(2)(d)(4) (as inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 9 para. 7; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4))