Town and Country Planning (Scotland) Act 1997

238 Proceedings for questioning validity of development plans and certain schemes and orders. S

(1) If any person aggrieved by a [F1 strategic development plan or local development plan desires to question the validity of the plan] on the ground—

(a) that it is not within the powers conferred by Part II, or

(b) that any [F2 relevant requirement of that Part or of any regulations made under that Part has not been complied with,]

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

(2) On any application under this section the Court of Session—

(a) may by interim order wholly or in part suspend the operation of the plan F3 ..., either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings;

(b) if satisfied that the plan F4 ... is wholly or to any extent outside the powers conferred by Part II, or that the interests of the applicant have been substantially prejudiced by the failure to comply with any requirement of that Part or of any regulations made under it, may wholly or in part quash the plan F4 ... either generally or in so far as it affects any property of the applicant.

(3) Subsections (1) and (2) shall apply, subject to any necessary modifications, to a simplified planning zone scheme or an alteration of such a scheme or to an order under section 202, 203, 206, 207, 208 or 230 as they apply to any plan F5 ... there mentioned.

(4) An application under this section must be made within 6 weeks from the relevant date.

(5) For the purposes of subsection (4) the relevant date is—

(a) in the case of an application in respect of [F6 a strategic development plan, the date of its publication under section 14(1)(b);]

[F7 (aa) in the case of an application in respect of a local development plan, the date of its publication under section 20A(1)(b);]

(b) in the case of an application by virtue of subsection (3) 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 12 of Schedule 5;

(c) in the case of an application by virtue of subsection (3) in respect of an order under section 202 or 206(1)(a), the date on which the notice required by paragraph 1(7) of Schedule 16 is first published;

(d) in the case of an application by virtue of subsection (3) in respect of an order under section 203, 206(1)(b), 207 or 208, the date on which the notice required by paragraph 11 of Schedule 16 is first published in accordance with that paragraph; and

(e) in the case of an application by virtue of subsection (3) in respect of an order under section 230, the date on which the notice required by subsection (6) of that section is first published;

but subject, in the case of those orders made under sections 202, 203 and 230, to section 241.

(6) In their application to simplified planning zone schemes and their alteration, subsections (1) and (2) shall have effect as if they referred to Part III instead of Part II.

Textual Amendments

F1 Words in s. 238(1) substituted (28.2.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(12)(a)(i), 59(2) (with S.S.I. 2008/427, arts. 1(1), 2-5); S.S.I. 2009/70, art. 2, sch.

F2 Words in s. 238(1)(b) substituted (28.2.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(12)(a)(ii), 59(2) (with S.S.I. 2008/427, arts. 1(1), 2-5); S.S.I. 2009/70, art. 2, sch.

F3 Words in s. 238(2)(a) repealed (28.2.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(12)(b)(i), 59(2) (with S.S.I. 2008/427, arts. 1(1), 2-5); S.S.I. 2009/70, art. 2, sch.

F4 Words in s. 238(2)(b) repealed (28.2.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(12)(b)(ii), 59(2) (with S.S.I. 2008/427, arts. 1(1), 2-5); S.S.I. 2009/70, art. 2, sch.

F5 Words in s. 238(3) repealed (28.2.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(12)(c), 59(2) (with S.S.I. 2008/427, arts. 1(1), 2-5); S.S.I. 2009/70, art. 2, sch.

F6 Words in s. 238(5)(a) substituted (28.2.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(12)(d)(i), 59(2)(with S.S.I. 2008/427, arts. 1(1), 2-5) ; S.S.I. 2009/70, art. 2, sch.

F7 S. 238(5)(aa) inserted (28.2.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(12)(d)(ii), 59(2) (with S.S.I. 2008/427, arts. 1(1), 2-5); S.S.I. 2009/70, art. 2, sch.