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Planning Act 2008
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- 2008 c. 29
- Part 9
- Chapter 2
- Validity of strategies, plans and documents
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- Blanket amendment words substituted by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 6A 6B inserted by 2011 c. 20 s. 130(8)
- s. 35A inserted by 2011 c. 20 s. 132(1)(10)
- s. 56A inserted by 2011 c. 20 s. 138(3)
- s. 88A inserted by 2011 c. 20 s. 138(6)
- s. 95A inserted by 2011 c. 20 Sch. 13 para. 42
- s. 102A 102B inserted by 2011 c. 20 s. 138(9)
- s. 149A inserted by 2009 c. 23 Sch. 8 para. 4(2)
- s. 212A inserted by 2011 c. 20 s. 114(4)
- s. 216A 216B inserted by 2011 c. 20 s. 115(6)
Commencement Orders yet to be applied to the Planning Act 2008:
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Commencement Orders bringing provisions within this Act into force:
- S.I. 2009/400 art. 2-5 commences (2008 c. 29)
- S.I. 2009/1303 art. 2 commences (2008 c. 29)
- S.I. 2009/2260 art. 2 commences (2008 c. 29)
- S.I. 2009/2573 art. 2 commences (2008 c. 29)
- S.I. 2010/101 art. 2-5 commences (2008 c. 29)
- S.I. 2010/566 art. 2 commences (2008 c. 29)
- S.I. 2011/705 art. 2 commences (2008 c. 29)
- S.I. 2011/2054 art. 2 commences (2008 c. 29)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2009/3318 art. 2-4 commences (2009 c. 20)
- S.I. 2010/298 art. 2 Sch. commences (2009 c. 23)
- S.I. 2010/2169 art. 4 Sch. commences (2010 c. 29)
- S.I. 2011/556 art. 1-3 commences (2009 c. 23)
- S.I. 2012/628 art. 2-8 commences (2011 c. 20)
- S.I. 2012/1662 art. 2(2)(b) commences (2011 c. 24)
Prospective
Validity of strategies, plans and documentsE+W+S+N.I.
185Power of High Court to remit strategies, plans and documentsE+W+S+N.I.
In section 113 of PCPA 2004 (validity of strategies, plans and documents) for subsection (7) substitute—
“(7)The High Court may—
(a)quash the relevant document;
(b)remit the relevant document to a person or body with a function relating to its preparation, publication, adoption or approval.
(7A)If the High Court remits the relevant document under subsection (7)(b) it may give directions as to the action to be taken in relation to the document.
(7B)Directions under subsection (7A) may in particular—
(a)require the relevant document to be treated (generally or for specified purposes) as not having been approved or adopted;
(b)require specified steps in the process that has resulted in the approval or adoption of the relevant document to be treated (generally or for specified purposes) as having been taken or as not having been taken;
(c)require action to be taken by a person or body with a function relating to the preparation, publication, adoption or approval of the document (whether or not the person or body to which the document is remitted);
(d)require action to be taken by one person or body to depend on what action has been taken by another person or body.
(7C)The High Court's powers under subsections (7) and (7A) are exercisable in relation to the relevant document—
(a)wholly or in part;
(b)generally or as it affects the property of the applicant.”
186Power of High Court to remit unitary development plans in WalesE+W+S+N.I.
(1)Subsection (2) applies in relation to section 287 of TCPA 1990 (proceedings for questioning validity of development plans etc.), as that section continues to have effect by virtue of paragraph (3) of article 3 of the Planning and Compulsory Purchase Act 2004 (Commencement No. 6, Transitional Provisions and Savings) Order 2005 (S.I. 2005/2847) for the purposes of the transitional arrangements mentioned in that paragraph.
(2)In that section, after subsection (3) insert—
“(3A)Subsections (3B) to (3E) apply if—
(a)an application is made under this section in relation to a unitary development plan, and
(b)on the application the High Court is satisfied as mentioned in subsection (2)(b).
(3B)The High Court may remit the plan to a person or body with a function relating to its preparation, publication, adoption or approval.
(3C)If the High Court remits the plan under subsection (3B) it may give directions as to the action to be taken in relation to the plan.
(3D)Directions under subsection (3B) may in particular—
(a)require the plan to be treated (generally or for specified purposes) as not having been approved or adopted;
(b)require specified steps in the process that has resulted in the approval or adoption of the plan to be treated (generally or for specified purposes) as having been taken or as not having been taken;
(c)require action to be taken by a person or body with a function relating to the preparation, publication, adoption or approval of the plan (whether or not the person or body to which it is remitted);
(d)require action to be taken by one person or body to depend on what action has been taken by another person or body.
(3E)The High Court's powers under subsections (3B) and (3C) are exercisable in relation to the plan—
(a)wholly or in part;
(b)generally or as it affects the property of the applicant.”
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