48.—(1) In the case of a ROMP application, for regulation 59 (application to the High Court) substitute—
59. For the purposes of Part 12 of the Act (validity of certain decisions), the reference in section 288, as applied by paragraph 9(3) of Schedule 2 to the 1991 Act, paragraph 16(4) of Schedule 13 to the 1995 Act or paragraph 9(4) of Schedule 14 to the 1995 Act, to action of the Secretary of State which is not within the powers of the Act shall be taken to extend to the determination of a ROMP application by the Secretary of State in contravention of regulation 3.”
(2) The direction making power in article 25(2) of the Order shall apply to ROMP development as it applies to development in respect of which a planning application is made.