Planning Act 2008 Explanatory Notes

Planning Act 2008

2008 CHAPTER 29

Commentary

Part 9, Chapter 2: Other changes to existing planning regimes

Section 191: Validity of orders, decisions and directions

304.Section 284 of TCPA 1990 provides that the validity of certain orders, directions and decisions (including certain decisions on planning applications) may not be questioned in any legal proceedings except in so far as may be provided in Part 12 of that Act . In particular, that Part of TCPA 1990 provides that any application to the High Court must be brought within a period of six weeks. Section 191 amends section 284 of TCPA 1990 so that the six week deadline for commencing any proceedings applies also to decisions on applications referred to the Secretary of State under her powers under section 76A of that Act (that is, applications for major infrastructure projects).

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