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Town and Country Planning Act 1971

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244Proceedings for questioning validity of development plans and certain orders under Parts X and XI

(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 Part II of this Act, or that any requirement of the said Part II 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 18 (1) of this Act, make an application to the High Court under this section.

(2)On any application under this section the High Court—

(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 affects 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 Part II of this Act, or that the interests of the applicant have been substantially prejudiced by the failure to comply with any requirement of the said Part II 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)The preceding provisions of this section shall apply, subject to any necessary modifications, to an order under section 209, 211, 212 or 214(1)(a) of this Act as they apply to a structure plan, and as if, in subsection (1) of this section, for the reference to the notice therein mentioned, there were substituted a reference to the notice required by section 215(7) of this Act.

(4)The said provisions shall apply, subject to any necessary modifications, to an order under section 210 or 214(1) (b) of this Act as they apply to a structure plan, and as if, in subsection (1) of this section, for the reference to the date on which the notice therein mentioned is first published there were substituted a reference to the date on which the notice required by paragraph 6 of Schedule 20 to this Act is first published in accordance with that paragraph.

(5)Subsections (1) and (2) of this section shall apply, subject to any necessary modifications, to an order under section 235 of this Act as they apply to a structure plan.

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