Town and Country Planning (Scotland) Act 1969

14 Proceedings for questioning validity of structure plans, etc.

(1) If any person aggrieved by a structure plan or local plan, or by any alteration, repeal or replacement of any such plan, desires to question the validity of the plan, alteration, repeal or replacement on the ground that it is not within the powers conferred by this Part of this Act, or that any requirement of that Part or of any regulations made thereunder has not been complied with in relation to the approval or adoption of the plan, alteration, repeal or replacement, he may, within six weeks from the date of the publication of the first notice of the approval or adoption of the plan, alteration, repeal or replacement required by regulations under section 13(1) above, 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, alteration, repeal or replacement, either generally or in so far as it effects any property of the applicant, until the final determination of the proceedings;

(b) if satisfied that the plan, alteration, repeal or replacement is wholly or to any extent outside the powers conferred by this Part of this Act, 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 thereunder, may wholly or in part quash the plan, alteration, repeal or replacement, as the case may be, either generally or in so far as it affects any property of the applicant.

(3) Subject to subsection (2) above, a structure plan, local plan or any alteration, repeal or replacement of any such plan shall not be questioned in any legal proceedings whatsoever.