Part 9Miscellaneous and general

Miscellaneous

I1113Validity of strategies, plans and documents

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.