Planning (Listed Buildings and Conservation Areas) Act 1990

63 Proceedings for questioning validity of other orders, decisions and directions. E+W

(1) If any person is aggrieved by any such order or decision as is mentioned in [F1 section 62(1)(a) or (b)] and wishes to question its validity on the grounds—

(a) that it is not within the powers of this Act, or

(b) that any of the relevant requirements have not been complied with in relation to it,

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

[F2 (1A) If a person is aggrieved by a relevant costs order made in connection with an order or decision mentioned in section 62(1)(a) or (b) and wishes to question its validity, the person may make an application to the High Court under this section (whether or not as part of an application made by virtue of subsection (1)) on the grounds—

(a) that the relevant costs order is not within the powers of this Act, or

(b) that any of the relevant requirements have not been complied with in relation to the order.]

(2) Without prejudice to subsection (1) [F3 or (1A)], if the authority directly concerned with any [F4 order or decision mentioned in section 62(1)] wish to question its validity on any of [F5 the grounds mentioned in subsection (1) or (1A) (as the case may be)], the authority may make an application to the High Court under this section.

[F6 (3) An application under this section may not be made without the leave of the High Court.

(3A) An application for leave for the purposes of subsection (3) must be made before the end of the period of six weeks beginning with the day after—

(a) in the case of an application relating to an order under section 23 that takes effect under section 25 without confirmation, the date on which the order takes effect;

(b) in the case of an application relating to any other order mentioned in section 62(1)(a), the date on which the order is confirmed;

(c) in the case of an application relating to a decision mentioned in section 62(1)(b) or a relevant costs order, the date on which the decision or order is made.

(3B) When considering whether to grant leave for the purposes of subsection (3), the High Court may make an interim order suspending the operation of any order or decision the validity of which the person or authority concerned wishes to question, until the final determination of—

(a) the question of whether leave should be granted, or

(b) where leave is granted, the proceedings on any application under this section made with such leave.]

(4) On any application under this section [F7 (other than an application for leave)] the High Court—

(a) may by interim order suspend the operation of [F8 any order or decision], the validity of which is questioned by the application, until the final determination of the proceedings; and

(b) if satisfied—

(i) that [F9 any such order or decision] is not within the powers of this Act, or

(ii) that the interests of the applicant have been substantially prejudiced by a failure to comply with any of the relevant requirements in relation to it,

may quash that order or decision.

(5) References in this section to the confirmation of an order include the confirmation of an order subject to modifications.

[F10 (6) In this section—

• “relevant costs order” has the same meaning as in section 62;

• “the relevant requirements”—

  (a)

  in relation to an order or decision mentioned in section 62(1)(a) or (b), means any requirements of this Act or of the Tribunals and Inquiries Act 1992, or of any order, regulations or rules made under either of those Acts, which are applicable to the order or decision;

  (b)

  in relation to a relevant costs order, means any requirements of this Act, of the Local Government Act 1972 or of the Tribunals and Inquiries Act 1992, or of any order, regulations or rules made under any of those Acts, which are applicable to the order.]

(7) For the purposes of subsection (2) the authority directly concerned with an order or decision is—

(a) in relation to any such decision as is mentioned in section 62(2)(b)—

(i) the council on whom the listed building purchase notice was served, and

(ii) in a case where the Secretary of State has modified the notice wholly or in part by substituting another local authority or statutory undertakers for that council, also that authority or those statutory undertakers; and

(b) otherwise, the authority who—

(i) made the order or decision to which the proceedings in question relate, or

(ii) referred the matter to the Secretary of State, or

(iii) if the order was made by him, are the authority named in it.

Textual Amendments

F1 Words in s. 63(1) substituted (26.10.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 16 para. 6(2); S.I. 2015/1778, art. 3(b)(ii) (with art. 4(a))

F2 S. 63(1A) inserted (26.10.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 16 para. 6(3); S.I. 2015/1778, art. 3(b)(ii) (with art. 4(a))

F3 Words in s. 63(2) inserted (26.10.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 16 para. 6(4)(a); S.I. 2015/1778, art. 3(b)(ii) (with art. 4(a))

F4 Words in s. 63(2) substituted (26.10.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 16 para. 6(4)(b); S.I. 2015/1778, art. 3(b)(ii) (with art. 4(a))

F5 Words in s. 63(2) substituted (26.10.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 16 para. 6(4)(c); S.I. 2015/1778, art. 3(b)(ii) (with art. 4(a))

F6 S. 63(3)-(3B) substituted for s. 63(3) (26.10.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 16 para. 6(5); S.I. 2015/1778, art. 3(b)(ii) (with art. 4(a))

F7 Words in s. 63(4) inserted (26.10.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 16 para. 6(6)(a); S.I. 2015/1778, art. 3(b)(ii) (with art. 4(a))

F8 Words in s. 63(4)(a) substituted (26.10.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 16 para. 6(6)(b); S.I. 2015/1778, art. 3(b)(ii) (with art. 4(a))

F9 Words in s. 63(4)(b)(i) substituted (26.10.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 16 para. 6(6)(c); S.I. 2015/1778, art. 3(b)(ii) (with art. 4(a))

F10 S. 63(6) substituted (26.10.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 16 para. 6(7); S.I. 2015/1778, art. 3(b)(ii) (with art. 4(a))

Modifications etc. (not altering text)

C1 Ss. 62–65 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

C2 S. 63 applied (28.9.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 58(5), 121(1) (with s. 111); S.I. 2004/2202, art. 3(a)

C3 Ss. 62-65 modified (W.) (30.4.2012) by The Planning (Listed Buildings and Conservation Areas) (Wales) Regulations 2012 (No. 793), regs. 1, 16, Sch. 3

C4 S. 63 applied (with modifications) (E.) (6.4.2014) by The Planning (Listed Buildings and Conservation Areas) (Heritage Partnership Agreements) Regulations 2014 (S.I. 2014/550), regs. 1(1), 7