PART 6OBLIGATIONS RELATING TO DEVELOPMENT AND USE OF LAND

CHAPTER 1PLANNING OBLIGATIONS

169Legal challenges relating to applications made to the Welsh Ministers or Secretary of State

(1)

This section applies where an application has been made to the Welsh Ministers or the Secretary of State under section 167(3).

(2)

A court may entertain proceedings for questioning a determination by the Welsh Ministers or the Secretary of State that the planning obligation is to continue to have effect without modification only if—

(a)

the proceedings are brought by a claim for judicial review, and

(b)

the claim form is filed before the end of 6 weeks beginning with the day after the day notice of the determination is given under section 167(7).

(3)

A court may entertain proceedings for questioning a failure by the Welsh Ministers or the Secretary of State to give notice in accordance with section 167(7) only if—

(a)

the proceedings are brought by a claim for judicial review, and

(b)

the claim form is filed before the end of 6 weeks beginning with the day after the day the period specified under section 167(7) ends.