SCHEDULES

SCHEDULE 16Procedure for certain planning challenges

Town and Country Planning Act 1990 (c. 8)

I13

1

Section 287 (proceedings for questioning validity of development plans and certain schemes and orders) is amended as follows.

2

After subsection (2) insert—

2A

An application under this section may not be made without the leave of the High Court.

2B

An application for leave for the purposes of subsection (2A) must be made before the end of the period of six weeks beginning with the day after the relevant date.

3

After subsection (3) insert—

3ZA

An interim order has effect—

a

if made on an application for leave, until the final determination of—

i

the question of whether leave should be granted, or

ii

where leave is granted, the proceedings on any application under this section made with such leave;

b

in any other case, until the proceedings are finally determined.

4

Omit subsections (3C) and (4).

5

In subsection (5), for “subsection (4)” substitute “ subsection (2B) ”.

6

After subsection (5) insert—

5A

References in this Act to an application under this section do not include an application for leave for the purposes of subsection (2A).