Planning and Compulsory Purchase Act 2004

Miscellaneous E+W+S

113 Validity of strategies, plans and documents E+W

(1) This section applies to—

(a) a revision of the regional spatial strategy;

(b) the Wales Spatial Plan;

(c) a development plan document;

(d) a local development plan;

(e) a revision of a document mentioned in paragraph (b), (c) or (d);

(f) the Mayor of London’s spatial development strategy;

(g) an alteration or replacement of the spatial development strategy,

and anything falling within paragraphs (a) to (g) is referred to in this section as a relevant document.

(2) A relevant document must not be questioned in any legal proceedings except in so far as is provided by the following provisions of this section.

(3) A person aggrieved by a relevant document may make an application to the High Court on the ground that—

(a) the document is not within the appropriate power;

(b) a procedural requirement has not been complied with.

(4) But the application must be made not later than the end of the period of six weeks starting with the relevant date.

(5) The High Court may make an interim order suspending the operation of the relevant document—

(a) wholly or in part;

(b) generally or as it affects the property of the applicant.

(6) Subsection (7) applies if the High Court is satisfied—

(a) that a relevant document is to any extent outside the appropriate power;

(b) that the interests of the applicant have been substantially prejudiced by a failure to comply with a procedural requirement.

(7) The High Court may quash the relevant document—

(a) wholly or in part;

(b) generally or as it affects the property of the applicant.

(8) An interim order has effect until the proceedings are finally determined.

(9) The appropriate power is—

(a) Part 1 of this Act in the case of a revision of the regional spatial strategy;

(b) section 60 above in the case of the Wales Spatial Plan or any revision of it;

(c) Part 2 of this Act in the case of a development plan document or any revision of it;

(d) sections 62 to 78 above in the case of a local development plan or any revision of it;

(e) sections 334 to 343 of the Greater London Authority Act 1999 (c. 29) in the case of the spatial development strategy or any alteration or replacement of it.

(10) A procedural requirement is a requirement under the appropriate power or contained in regulations or an order made under that power which relates to the adoption, publication or approval of a relevant document.

(11) References to the relevant date must be construed as follows—

(a) for the purposes of a revision of the regional spatial strategy, the date when the Secretary of State publishes the revised strategy under section 9(6) above;

(b) for the purposes of the Wales Spatial Plan (or a revision of it), the date when it is approved by the National Assembly for Wales;

(c) for the purposes of a development plan document (or a revision of it), the date when it is adopted by the local planning authority or approved by the Secretary of State (as the case may be);

(d) for the purposes of a local development plan (or a revision of it), the date when it is adopted by a local planning authority in Wales or approved by the National Assembly for Wales (as the case may be);

(e) for the purposes of the spatial development strategy (or an alteration or replacement of it), the date when the Mayor of London publishes it.

Commencement Information

I1 S. 113 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(e)

I2 S. 113 in force at 15.10.2005 for W. by S.I. 2005/2847, art. 2(c)

114 Examinations E+W

An examination of any document or plan for the purposes of Part 2 or Part 6 of this Act is a statutory inquiry within the meaning of the Tribunals and Inquiries Act 1992 (c. 53).

Commencement Information

I3 S. 114 in force at 28.9.2004 for specified purposes for E. by S.I. 2004/2202, art. 2(f)

I4 S. 114 in force at 15.10.2005 for W. by S.I. 2005/2847, art. 2(d)

115 Grants for advice and assistance E+W

In the principal Act after section 304 (grants for research and education) there is inserted the following section—

“304A Grants for advice and assistance

(1) The appropriate authority may make grants for the purpose of assisting any person to provide advice and assistance in connection with any matter which is related to—

(a) the planning Acts;

(b) the Planning and Compulsory Purchase Act 2004;

(c) the enactments mentioned in subsection (2).

(2) The enactments are enactments which relate to planning contained in the following Acts—

(a) the Planning and Compensation Act 1991;

(b) the Transport and Works Act 1992;

(c) the Environment Act 1995.

(3) The appropriate authority may make a grant subject to such terms and conditions as it thinks appropriate.

(4) Person includes a body whether or not incorporated.

(5) The appropriate authority is—

(a) the Secretary of State in relation to England;

(b) the National Assembly for Wales in relation to Wales.”

116 Isles of Scilly E+W

(1) This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.

(2) An order may in particular provide for—

(a) the Council of the Isles of Scilly to enter into arrangements in pursuance of section 4;

(b) the exercise by the Council of the Isles of Scilly of any function exercisable by a local planning authority under Part 2.

(3) But an order must not be made under this section unless the Secretary of State has consulted the Council of the Isles of Scilly.

Commencement Information

I5 S. 116 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I6 S. 116 in force at 24.8.2005 in so far as not already in force by S.I. 2005/2081, art. 3

117 Interpretation E+W+S

(1) Expressions used in this Act and in the principal Act have the same meaning in this Act as in that Act.

(2) Expressions used in this Act and in the listed buildings Act have the same meaning in this Act as in that Act.

(3) Expressions used in this Act and in the hazardous substances Act have the same meaning in this Act as in that Act.

(4) The planning Acts are—

(a) the principal Act;

(b) the listed buildings Act;

(c) the hazardous substances Act;

(d) the Planning (Consequential Provisions) Act 1990 (c. 11).

(5) The principal Act is the Town and Country Planning Act 1990 (c. 8).

(6) The listed buildings Act is the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9).

(7) The hazardous substances Act is the Planning (Hazardous Substances) Act 1990 (c. 10).

(8) The Scottish planning Acts are—

(a) the Town and Country Planning (Scotland) Act 1997 (c. 8);

(b) the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9);

(c) the Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10); and

(d) the Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11).

Commencement Information

I7 S. 117(1)-(7) in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I8 S. 117(1)-(7) in force at 28.9.2004 in so far as not already in force by S.I. 2004/2202, art. 3(b)

I9 S. 117(8) in force at 12.6.2006 by S.S.I. 2006/268, art. 3(c)