Planning and Compulsory Purchase Act 2004

9 (1) Section 287 (procedure for questioning the validity of certain matters) is amended as follows. E+W

(2) For subsections (1) to (3) there are substituted the following subsections—

“(1) This section applies to—

(a) a simplified planning zone scheme or an alteration of such a scheme;

(b) an order under section 247, 248, 249, 251, 257, 258 or 277,

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

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

(a) it is not within the appropriate power, or

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

(3) 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.

(3A) Subsection (3B) 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.

(3B) The High Court may quash the relevant document—

(a) wholly or in part;

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

(3C) An interim order has effect until the proceedings are finally determined.

(3D) The appropriate power is—

(a) in the case of a simplified planning zone scheme or an alteration of the scheme, Part III;

(b) in the case of an order under section 247, 248, 249, 251, 257, 258 or 277, the section under which the order is made.”

(3) In subsection (5)—

(a) paragraph (a) is omitted;

(b) in each of paragraphs (b) to (e) the words “by virtue of subsection (3)” are omitted.

(4) Subsection (6) is omitted.

Commencement Information

I1 Sch. 6 para. 9 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(h) (with art. 4, Sch. 2)

I2 Sch. 6 para. 9 in force at 15.10.2005 for W. by S.I. 2005/2847, art. 2(e) (with art. 3, Sch.)