Town and Country Planning (Scotland) Act 1997

237 Validity of development plans and certain orders, decisions and directions. S

(1) Except as provided by this Part, the validity of—

[F1 (za) the National Planning Framework and any revised framework or amendment to it, whether before or after the framework, revised framework or amended framework is published,]

[F2 (a) a F3 ... local development plan or any alteration, repeal or replacement of any such plan, whether before or after the plan, alteration, repeal or replacement has been approved or adopted,]

(b) a simplified planning zone scheme or any alteration of any such scheme, whether before or after the adoption or approval of the scheme or alteration,

(c) an order under any provision of Part IX, whether before or after the order has been made,

(d) an order under section 230, whether before or after the order has been made,

(e) any such order as is mentioned in subsection (2), whether before or after it has been confirmed, or

(f) any such action on the part of the Secretary of State as is mentioned in subsection (3) [F4 or on the part of a planning authority as is mentioned in subsection (3A)],

shall not be questioned in any legal proceedings whatsoever.

(2) The orders referred to in subsection (1)(e) are—

(a) any order under section 65 or under the provisions of that section as applied by or under any other provision of this Act;

(b) any order under section 71 or under the provisions of that section as applied by or under any other provisions of this Act;

(c) any tree preservation order;

(d) any order made in pursuance of section 183(4);

(e) any order under paragraph 1, 3, 5 or 6 of Schedule 8.

(3) The action referred to in subsection (1)(f) is action on the part of the Secretary of State of any of the following descriptions—

[F5 (za) any decision on an application under section 31A;]

(a) any decision on an application referred to him under section 46;

(b) any decision on an appeal under section 47;

(c) any decision to confirm a completion notice under section [F6 62A];

[F7 (ca) any determination on an appeal under section 75B or 75F;]

(d) any decision on an appeal under section 130;

(e) any decision to confirm or not to confirm a purchase notice including—

(i) any decision not to confirm such a notice in respect of part of the land to which it relates, or

(ii) any decision to grant any permission, or give any direction, instead of confirming such a notice, either wholly or in part;

(f) any decision on an appeal under section 154 against the refusal or partial refusal of an application for a certificate under section 150 or 151;

[F8 (fa) any decision on an appeal under section 169;]

(g) any decision on an appeal under section 180 against a notice under section 179;

(h) any decision relating—

(i) to an application for consent under a tree preservation order,

(ii) to an application for consent under any regulations made under section 182 or 183, or

(iii) to any certificate or direction under any such order or regulations, whether it is a decision on appeal or a decision on an application referred to the Secretary of State for determination in the first instance.

[F9 (i) any decision on an application for planning permission under section 242A.]

[F10 (3A) The action on the part of a planning authority is any decision or determination (other than a deemed decision) in a review conducted by them by virtue of section 43A(8).]

(4) Nothing in this section shall affect the exercise of any jurisdiction of any court in respect of any refusal or failure on the part of the Secretary of State to take any such action as is mentioned in subsection (3) [F11 or on the part of a planning authority to take any such action as is mentioned in subsection (3A)].

Textual Amendments

F1 S. 237(1)(za) inserted (23.12.2022) by Planning (Scotland) Act 2019 (asp 13), ss. 13(4), 63(2); S.S.I. 2022/386, reg. 2(1)

F2 S. 237(1)(a) substituted (28.2.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(11)(a), 59(2) (with S.S.I. 2008/427, arts. 1(1), 2-5); S.S.I. 2009/70, art. 2, sch.

F3 Words in s. 237(1)(a) repealed (12.2.2023) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 1(9); S.S.I. 2023/10, reg. 3(2)(e)

F4 Words in s. 237(1)(f) added (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 19(3)(a), 59(2) (with S.S.I. 2008/427, arts. 1(1), 2-5); S.S.I. 2008/411, art. 2(2)(3)(a), S.S.I. 2009/219, art. 2, sch.

F5 S. 237(3)(za) inserted (1.4.2007) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(11)(b)(i), 59(2) (with S.S.I. 2008/427, arts. 1(1), 2-5); S.S.I. 2007/130, art. 2(2), sch.

F6 Word in s. 237(3)(c) substituted (1.10.2022) by Planning (Scotland) Act 2019 (asp 13), ss. 33(6), 63(2); S.S.I. 2022/275, reg. 2(2)(c) (with reg. 3)

F7 S. 237(3)(ca) inserted (1.2.2011) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(11)(b)(ii), 59(2); S.S.I. 2010/400, art. 3, sch. (as amended (2.12.2010) by S.S.I. 2010/430, art. 3)

F8 S. 237(3)(fa) inserted (1.4.2007) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(11)(b)(iii), 59(2) (with S.S.I. 2008/427, arts. 1(1), 2-5); S.S.I. 2007/130, art. 2(2), sch.

F9 S. 237(3)(i) added (11.5.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 92(2), 121(4) (with s. 111); S.S.I. 2006/243, art. 3

F10 S. 237(3A) inserted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 19(3)(b), 59(2) (with S.S.I. 2008/427, arts. 1(1), 2-5); S.S.I. 2008/411, art. 2(2)(3)(a), S.S.I 2009/219, art. 2, sch.

F11 Words in s. 237(4) added (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 19(3)(c), 59(2) (with S.S.I. 2008/427, arts. 1(1), 2-5); S.S.I. 2008/411, art. 2(2)(3)(a), S.S.I. 2009/219, art. 2, sch.

Modifications etc. (not altering text)

C1 S. 237 applied (with modifications) (1.4.2010) by The Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60), regs. 1(1), 10(5) (with regs. 4, 5)

C2 S. 237(3): power to apply conferred (27.5.1997) by 1997 c. 10, ss. 23(1)(b), 31, 40(2) (with ss. 9(3), 10(5), 38(6))

C3 S. 237(3) applied (with modifications) (1.6.2015) by The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015 (S.S.I. 2015/181), regs. 1, 54(1)(2)