http://www.legislation.gov.uk/asc/2026/6/section/376Planning (Wales) Act 2026enStatute Law Database2026-06-16Expert Participation2026-04-28
Planning (Wales) Act 2026Deddf Cynllunio (Cymru) 2026s. 376(9)(c)Planning (Consequential Provisions) (Wales) Act 2026Deddf Cynllunio (Darpariaethau Canlyniadol) (Cymru) 2026Sch. 5 para. 16Sch. 5 Pt. 1s. 5(2)Planning (Wales) Act 2026Deddf Cynllunio (Cymru) 2026s. 346(3)(c)(ii)Planning (Consequential Provisions) (Wales) Act 2026Deddf Cynllunio (Darpariaethau Canlyniadol) (Cymru) 2026Sch. 5 para. 23Sch. 5 Pt. 1s. 5(2)
PART 14ADMINISTRATION AND VALIDITYCHAPTER 3VALIDITY OF PLANS, DECISIONS AND ORDERSReview by High Court of plans, decisions and ordersApplication for statutory review of decision or order
376
1
A person aggrieved by a decision or order to which section 375 applies, or the authority directly concerned with such a decision or order, may make an application for statutory review under this section.
2
An application for statutory review under this section is an application to the High Court questioning the validity of the decision or order on the grounds that—
a
it is not within the powers conferred by this Act, or
b
a requirement imposed by this Act, or by subordinate legislation made under it, has not been complied with in relation to the decision or order.
3
An application for statutory review may only be made with the permission of the High Court.
4
An application for permission must be made before the end of 6 weeks beginning with the day after—
a
in a case relating to a decision, the day the decision is made;
b
in a case relating to an order made by a planning authority and confirmed or approved by the Welsh Ministers (with or without modifications), the day the order is confirmed or approved;
c
in a case relating to any other order except an order under section 373, the day the order takes effect;
d
in a case relating to an order under section 373, the day the order is made.
5
When considering whether to give permission, the High Court may make an interim order suspending the operation of the decision or order to which the proposed application for statutory review relates until the final determination of the proceedings on—
a
the application for permission, or
b
where permission is given, the application for statutory review.
6
On an application for statutory review the High Court—
a
may make an interim order suspending the operation of the decision or order to which the application relates until the proceedings are finally determined;
b
may quash that decision or order if satisfied that—
i
it is not within the powers conferred by this Act, or
ii
the interests of the applicant have been substantially prejudiced by a failure to comply with a requirement imposed by this Act, or by subordinate legislation made under it, in relation to the decision or order.
7
In relation to an order under control of advertisements regulations designating an area of special control, the High Court may exercise its powers under subsections (5) and (6) to quash or suspend the order wholly or in part.
8
In relation to a tree preservation order or woodland preservation order—
a
subsections (5) and (6)(a) do not apply;
b
the High Court may exercise its power under subsection (6)(b) to quash the order wholly or in part.
9
For the purposes of this section the authority directly concerned with a decision or order is—
a
in the case of a decision on an application referred to the Welsh Ministers, the planning authority that made the reference;
b
in the case of a decision on an appeal made to the Welsh Ministers following an application to a planning authority, the authority to which the application was made;
c
in the case of a decision to confirm or not to confirm a purchase notice—
i
the planning authority on which the purchase notice was served, and
ii
if the Welsh Ministers have modified the notice wholly or in part by substituting another local authority or statutory undertaker for the planning authority, that other local authority or statutory undertaker;
d
in the case of a decision relating to an enforcement notice, the planning authority that issued the notice or, if the notice was issued by the Welsh Ministers, the planning authority in whose area the land to which the notice relates is situated;
e
in the case of any order except an order under section 373, the planning authority that made the order or, if the order was made by the Welsh Ministers, the planning authority in whose area the land to which the order relates is situated;
f
in the case of an order made under section 373 in connection with a decision or order mentioned in paragraphs (a) to (e), the authority directly concerned with that decision or order.
10
In subsections (4)(b) and (9)(e) the references to an order confirmed or made by the Welsh Ministers include an order that is confirmed or made by the Welsh Ministers and the appropriate Minister by virtue of Part 12 (statutory undertakers).
S. 376 not in force at Royal Assent, see s. 409(2)