374Statutory review of development plans(1)

The validity of a plan to which this section applies may not be questioned in any legal proceedings except an application for statutory review under this section.

(2)

The plans to which this section applies are—

(a)

the National Development Framework for Wales or a revised Framework;

(b)

a strategic development plan or a revision of such a plan;

(c)

a local development plan or a revision of such a plan.

(3)

A person aggrieved by a plan to which this section applies may make an application for statutory review under this section.

(4)

An application for statutory review under this section is an application to the High Court questioning the validity of the plan on the ground that—

(a)

it is not within the powers conferred by Part 2, or

(b)

a requirement relating to the publication, adoption or approval of the plan that is imposed by that Part, or by regulations made under it, has not been complied with.

(5)

An application for statutory review may only be made with the permission of the High Court.

(6)

An application for permission must be made before the end of 6 weeks beginning with the day after—

(a)

in a case relating to the National Development Framework for Wales (or a revised Framework), the day the Framework is published by the Welsh Ministers;

(b)

in a case relating to a strategic development plan (or a revision of it), the day the plan is adopted by a corporate joint committee or approved by the Welsh Ministers;

(c)

in a case relating to a local development plan (or a revision of it), the day the plan is adopted by a planning authority or approved by the Welsh Ministers.

(7)

When considering whether to give permission, the High Court may make an interim order suspending the operation of the plan until the final determination of the proceedings on—

(a)

the application for permission, or

(b)

where permission is given, the application for statutory review.

(8)

On an application for statutory review, the High Court may make an interim order suspending the operation of the plan until the proceedings are finally determined.

(9)

Subsection (10) applies if the High Court is satisfied—

(a)

that the plan is to any extent outside the powers conferred by Part 2, or

(b)

that the interests of the applicant have been substantially prejudiced by a failure to comply with a requirement imposed by that Part, or by regulations made under it, relating to the publication, adoption or approval of the plan.

(10)

The court may—

(a)

quash the plan;

(b)

remit the plan to a person with a function relating to its preparation, publication, adoption or approval.

(11)

If the court remits the plan to a person, it may give directions about action to be taken in relation to the plan.

(12)

The directions may in particular—

(a)

require the plan to be treated (generally or for specified purposes) as not having been published, adopted or approved;

(b)

require specified steps in the process that has resulted in the publication, adoption or approval of the plan to be treated (generally or for specified purposes) as having been taken or not taken;

(c)

require action to be taken by the person to whom the plan is remitted or any other person with a function relating to the preparation, publication, adoption or approval of the plan;

(d)

provide for the action that is required of one person to depend on what action has been taken by another person.

(13)

The High Court may exercise its powers under subsections (7) to (12) in relation to a plan—

(a)

wholly or in part;

(b)

generally or as it affects the property of the applicant.