SCHEDULES

SCHEDULE 16Procedure for certain planning challenges

Planning and Compulsory Purchase Act 2004 (c. 5)

I18

1

Section 113 of the Planning and Compulsory Purchase Act 2004 (validity of strategies, plans and documents) is amended as follows.

2

After subsection (3) insert—

3A

An application may not be made under subsection (3) without the leave of the High Court.

3B

An application for leave for the purposes of subsection (3A) must be made before the end of the period of six weeks beginning with the day after the relevant date.

3

Omit subsection (4).

4

After subsection (5) insert—

5A

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.

5

Omit subsection (8).