PART 14ADMINISTRATION AND VALIDITY
CHAPTER 3VALIDITY OF PLANS, DECISIONS AND ORDERS
Review by High Court of plans, decisions and orders
375Validity of certain decisions and orders
(1)
The validity of—
(a)
a decision to which this section applies, or
(b)
an order to which this section applies (whether before or after it is made, confirmed or approved),
may not be questioned in any legal proceedings except an application for statutory review under section 376.
(2)
The decisions to which this section applies are—
(a)
a decision on an application referred to the Welsh Ministers under section 72 (reference of application for planning permission, approval etc.);
(b)
a decision on an appeal under section 73 (appeal against decision or failure to make decision on application for planning permission, approval etc.);
(c)
a decision on an application made to the Welsh Ministers under section 78 (option to make application for planning permission or approval of reserved matters to the Welsh Ministers) or section 80 (connected applications) (not including a decision to refer an application under section 80(5));
(d)
a decision on an application for planning permission made to the Welsh Ministers under section 85 (urgent Crown development);
(e)
a decision on an application referred to the Welsh Ministers, or an appeal made to them, under Schedule 8 (determination of conditions of minerals permissions relating to dormant site);
(f)
a decision on an application referred to the Welsh Ministers, or an appeal made to them, under Schedule 9 (periodic review of minerals permissions relating to mining site);
(g)
a decision under paragraph 6 or 7 of Schedule 12 to confirm or not to confirm a purchase notice, including—
(i)
a decision to confirm the notice in relation to only part of the land to which it relates, and
(ii)
a decision to grant planning permission, or direct that permission must be granted, instead of confirming the notice in relation to the land or any part of it;
(h)
a decision under section 133 to grant planning permission or remove a condition or limitation of planning permission on the determination of an appeal against an enforcement notice;
(i)
a decision on an appeal under section 160 (appeal against decision or failure to make decision on application for certificate of lawfulness);
(j)
a decision under control of advertisements regulations on an application made or referred to the Welsh Ministers or on an appeal made to them;
(k)
a decision under tree preservation regulations on an application made or referred to the Welsh Ministers or on an appeal made to them.
(3)
The orders to which this section applies are—
(a)
a termination order;
(b)
an order under section 102 (orders modifying or revoking planning permission);
(c)
a discontinuance order;
(d)
a prohibition order;
(e)
a protection order;
(f)
an order under control of advertisements regulations designating an area of special control;
(g)
a tree preservation order or woodland preservation order;
(h)
an order under section 373 (orders relating to costs of parties to proceedings) made in connection with a decision to which this section applies or an order mentioned in paragraphs (a) to (g).
(4)
This section does not prevent any court exercising any jurisdiction in relation to a refusal or failure to make a decision to which this section applies.