C16Part XII Validity

Annotations:
Modifications etc. (not altering text)

C1C2284 Validity of development plans and certain orders, decisions and directions.

1

Except in so far as may be provided by this Part, the validity of—

a

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

a simplified planning zone scheme or an alteration of such a scheme, whether before or after the adoption or approval of the scheme or alteration; or

c

an order under any provision of Part X except section 251(1), whether before or after the order has been made; or

d

an order under section 277, whether before or after the order has been made; or

e

any such order as is mentioned in subsection (2), whether before or after it has been confirmed; or

f

any such action on the part of the Secretary of State F46or the Welsh Ministers as is mentioned in subsection (3), F27or—

g

a relevant costs order made in connection with an order mentioned in subsection (2) or an action mentioned in subsection (3),

shall not be questioned in any legal proceedings whatsoever.

2

The orders referred to in subsection (1)(e) are—

a

any order under section 97 or under the provisions of that section as applied by or under any other provision of this Act;

b

any order under section 102;

c

any tree preservation order;

d

any order made in pursuance of section 221(5);

e

any order under paragraph 1, 3, 5 or 6 of Schedule 9.

3

The action referred to in subsection (1)(f) is action on the part of the Secretary of State F47or the Welsh Ministers of any of the following descriptions—

F21ya

any decision on an application made to the Secretary of State under section 62A;

F2za

any decision on an application referred to the Secretary of State under section 76A;

a

any decision on an application F3for planning permission referred to F48himF48the Secretary of State or the Welsh Ministers under section 77;

F45aa

any decision on an application made to the Welsh Ministers under section 62D;

ab

any decision on a secondary consent dealt with by the Welsh Ministers under section 62F, unless, by virtue of an enactment not contained in this Act—

i

an appeal against that decision may be made to a person other than the Welsh Ministers, or

ii

the validity of the decision may otherwise be questioned by way of application to a person other than the Welsh Ministers;

ac

any decision on an application made to the Welsh Ministers under section 62M or section 62O (not including a decision to refer an application under section 62O(5));

b

any decision on an appeal under section 78;

F4c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

any decision to confirm a completion notice under section 95;

e

any decision to grant planning permission under paragraph (a) of section 177(1) or to discharge a condition or limitation under paragraph (b) of that section;

f

any decision to confirm or not to confirm a purchase notice including—

i

any decision not to confirm such a notice in respect of part of the land to which it relates, or

ii

any decision to grant any permission, or give any direction, instead of confirming such a notice, either wholly or in part;

g

any decision F5. . . on an appeal under section 195(1);

h

any decision relating—

i

to an application for consent under F20a tree preservation orderF20tree preservation regulations,

ii

to an application for consent under any regulations made in accordance with section 220 or 221, or

iii

to any certificate or direction under any such order or regulations,

whether it is a decision on appeal or a decision on an application referred to the Secretary of State F49or the Welsh Ministers for determination in the first instance.

F6i

any decision on an application for planning permission F57or permission in principle under section 293A.

F263A

In this section, “relevant costs order” means an order made under section 250(5) of the Local Government Act 1972 (orders as to costs of parties), as applied by virtue of any provision of this Act.

4

Nothing in this section shall affect the exercise of any jurisdiction of any court in respect of any refusal or failure on the part of the Secretary of State F50or the Welsh Ministers to take any such action as is mentioned in subsection (3).

C4C17C19285 Validity of enforcement notices and similar notices. C3

C51

F7. . . The validity of an enforcement notice shall not, except by way of an appeal under Part VII, be questioned in any proceedings whatsoever on any of the grounds on which such an appeal may be brought.

C6C52

Subsection (1) shall not apply to proceedings brought under section 179 F7. . . against a person who—

a

has held an interest in the land since before the enforcement notice was issued under that Part;

b

did not have a copy of the enforcement notice served on him under that Part; and

c

satisfies the court—

i

that he did not know and could not reasonably have been expected to know that the enforcement notice had been issued; and

ii

that his interests have been substantially prejudiced by the failure to serve him with a copy of it.

3

Subject to subsection (4), the validity of a notice which has been served under section 215 on the owner and occupier of the land shall not, except by way of an appeal under Chapter II of Part VIII, be questioned in any proceedings whatsoever on either of the grounds specified in section 217(1)(a) or (b).

4

Subsection (3) shall not prevent the validity of such a notice being questioned on either of those grounds in proceedings brought under section 216 against a person on whom the notice was not served, but who has held an interest in the land since before the notice was served on the owner and occupier of the land, if he did not appeal against the notice under that Chapter.

F85

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F86

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C7286 Challenges to validity on ground of authority’s powers.

1

The validity of any permission, determination or certificate granted, made or issued or purporting to have been granted, made or issued by a local planning authority in respect of—

a

an application for planning permission F58or permission in principle;

F9aa

an application for non-material changes to planning permission under section 96A;

F10b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

an application for F12F11 a certificate under section 191 or 192;

d

an application for consent to the display of advertisements under section 220; or

e

a determination under section 302 or Schedule 15,

shall not be called in question in any legal proceedings, or in any proceedings under this Act which are not legal proceedings, on the ground that the permission, determination or certificate should have been granted, made or given by some other local planning authority.

2

The validity of any order under section 97 revoking or modifying planning permission F59or permission in principle, any order under section 102 or paragraph 1 of Schedule 9 requiring discontinuance of use, or imposing conditions on continuance of use, or requiring the alteration or removal of buildings or works, or any enforcement notice under section 172 or stop notice under section 183 or a breach of condition notice under section 187A, being an order or notice purporting to have been made, issued or served by a local planning authority, shall not be called in question in any such proceedings on the ground—

a

in the case of an order or notice purporting to have been made, issued or served by a district planning authority, that they failed to comply with paragraph 11(2) of Schedule 1;

b

in the case of an order or notice purporting to have been made, issued or served by a county planning authority, that they had no power to make, issue or serve it because it did not relate to a county matter within the meaning of that Schedule.

C8C9287 Proceedings for questioning validity of development plans and certain schemes and orders.

F131

This section applies to—

a

a simplified planning zone scheme or an alteration of such a scheme;

b

an order under section 247, 248, 249, 251, 257, 258 or 277,

and anything falling within paragraphs (a) and (b) is referred to in this section as a relevant document.

2

A person aggrieved by a relevant document may make an application to the High Court on the ground that—

a

it is not within the appropriate power, or

b

a procedural requirement has not been complied with.

F282A

An application under this section may not be made without the leave of the High Court.

2B

An application for leave for the purposes of subsection (2A) must be made before the end of the period of six weeks beginning with the day after the relevant date.

3

The High Court may make an interim order suspending the operation of the relevant document—

a

wholly or in part;

b

generally or as it affects the property of the applicant.

F293ZA

An interim order has effect—

a

if made on an application for leave, until the final determination of—

i

the question of whether leave should be granted, or

ii

where leave is granted, the proceedings on any application under this section made with such leave;

b

in any other case, until the proceedings are finally determined.

3A

Subsection (3B) applies if the High Court is satisfied—

a

that a relevant document is to any extent outside the appropriate power;

b

that the interests of the applicant have been substantially prejudiced by a failure to comply with a procedural requirement.

3B

The High Court may quash the relevant document—

a

wholly or in part;

b

generally or as it affects the property of the applicant.

F323C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3D

The appropriate power is—

a

in the case of a simplified planning zone scheme or an alteration of the scheme, Part III;

b

in the case of an order under section 247, 248, 249, 251, 257, 258 or 277, the section under which the order is made.

F324

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

For the purposes of F31subsection (2B) the relevant date is—

a

F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

in the case of an application F15. . . in respect of a simplified planning zone scheme or an alteration of such a scheme, the date of the publication of the first notice of the approval or adoption of the scheme or alteration required by regulations under paragraph 13 of Schedule 7,

c

in the case of an application F15. . . in respect of an order under section 247, 248, 249, or 251, the date on which the notice required by section 252(10) is first published,

d

in the case of an application F15. . . in respect of an order under section 257 or 258, the date on which the notice required by paragraph 7 of Schedule 14 is first published in accordance with that paragraph,

e

in the case of an application F15. . . in respect of an order under section 277, the date on which the notice required by subsection (6) of that section is first published;

but subject, in the case of those orders mentioned in paragraphs (c) and (e) to which section 292 applies, to that section.

F305A

References in this Act to an application under this section do not include an application for leave for the purposes of subsection (2A).

6

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C10C11C12288 Proceedings for questioning the validity of other orders, decisions and directions.

1

If any person—

a

is aggrieved by any order to which this section applies and wishes to question the validity of that order on the grounds—

i

that the order is not within the powers of this Act, or

ii

that any of the relevant requirements have not been complied with in relation to that order; or

C23b

is aggrieved by any action on the part of the Secretary of State F51or the Welsh Ministers to which this section applies and wishes to question the validity of that action on the grounds—

i

that the action is not within the powers of this Act, or

ii

that any of the relevant requirements have not been complied with in relation to that action,

he may make an application to the High Court under this section.

F331A

If a person is aggrieved by a relevant costs order made in connection with an order or action to which this section applies and wishes to question its validity, the person may make an application to the High Court under this section (whether or not as part of an application made by virtue of subsection (1)) on the grounds—

a

that the relevant costs order is not within the powers of this Act, or

b

that any of the relevant requirements have not been complied with in relation to the order.

2

Without prejudice to subsection (1) F36or (1A), if the authority directly concerned with any order to which this section applies, or with any action on the part of the Secretary of State F52or the Welsh Ministers to which this section applies, F37or with any relevant costs order, wish to question the validity of that order or action on any of the grounds mentioned in subsection (1) F38or (1A) (as the case may be), the authority may make an application to the High Court under this section.

F393

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

This section applies to any such order as is mentioned in subsection (2) of section 284 and to any such action on the part of the Secretary of State F53or the Welsh Ministers as is mentioned in subsection (3) of that section.

F344A

An application under this section may not be made without the leave of the High Court.

4B

An application for leave for the purposes of subsection (4A) must be made before the end of the period of six weeks beginning with the day after—

a

in the case of an application relating to an order under section 97 that takes effect under section 99 without confirmation, the date on which the order takes effect;

b

in the case of an application relating to any other order to which this section applies, the date on which the order is confirmed;

c

in the case of an application relating to an action to which this section applies, the date on which the action is taken;

d

in the case of an application relating to a relevant costs order, the date on which the order is made.

4C

When considering whether to grant leave for the purposes of subsection (4A), the High Court may, subject to subsection (6), make an interim order suspending the operation of any order or action the validity of which the person or authority concerned wishes to question, until the final determination of—

a

the question of whether leave should be granted, or

b

where leave is granted, the proceedings on any application under this section made with such leave.

5

On any application under this section the High Court—

a

may, subject to subsection (6), by interim order suspend the operation of F40any order or action, the validity of which is questioned by the application, until the final determination of the proceedings;

b

if satisfied that F41any such order or action is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any of the relevant requirements in relation to it, may quash that order or action.

F426

The High Court may not suspend a tree preservation order under subsection (4C) or (5)(a).

7

In relation to a tree preservation order, or to an order made in pursuance of section 221(5), the powers conferred on the High Court by subsection F43(4C) or (5) shall be exercisable by way of quashing or (where applicable) suspending the operation of the order either in whole or in part, as the court may determine.

8

References in this section to the confirmation of an order include the confirmation of an order subject to modifications as well as the confirmation of an order in the form in which it was made.

F449

In this section—

  • “relevant costs order” has the same meaning as in section 284;

  • “the relevant requirements”—

    1. a

      in relation to any order or action to which this section applies, means any requirements of this Act or of the Tribunals and Inquiries Act 1992, or of any order, regulations or rules made under either of those Acts, which are applicable to that order or action;

    2. b

      in relation to a relevant costs order, means any requirements of this Act, of the Local Government Act 1972 or of the Tribunals and Inquiries Act 1992, or of any order, regulations or rules made under any of those Acts, which are applicable to the relevant costs order.

10

Any reference in this section to the authority directly concerned with any order or action to which this section applies—

a

in relation to any such decision as is mentioned in section 284(3)(f), is a reference to the council on whom the notice in question was served and, in a case where the Secretary of State F54has modifiedF54or the Welsh Ministers have modified such a notice, wholly or in part, by substituting another local authority or statutory undertakers for that council, includes a reference to that local authority or those statutory undertakers;

b

in any other case, is a reference to the authority who made the order in question or made the decision or served the notice to which the proceedings in question relate, or who referred the matter to the Secretary of State F55or the Welsh Ministers, or, where the order or notice in question was made or served by F56himF56the Secretary of State or the Welsh Ministers, the authority named in the order or notice.

F3511

References in this Act to an application under this section do not include an application for leave for the purposes of subsection (4A).

C14C15C18289C13F22 Appeals to High Court relating to enforcement notices and notices under s. 207F22Appeals to High Court relating to enforcement notices and notices under sections 207 and 215.

C201

Where the Secretary of State gives a decision in proceedings on an appeal under Part VII against an enforcement notice the appellant or the local planning authority or any other person having an interest in the land to which the notice relates may, according as rules of court may provide, either appeal to the High Court against the decision on a point of law or require the Secretary of State to state and sign a case for the opinion of the High Court.

2

Where the Secretary of State gives a decision in proceedings on an appeal under Part VIII against a notice under section 207, the appellant or the local planning authority or any person (other than the appellant) on whom the notice was served may, according as rules of court may provide, either appeal to the High Court against the decision on a point of law or require the Secretary of State to state and sign a case for the opinion of the High Court.

F232A

Where the Welsh Ministers give a decision in proceedings on an appeal under Part 8 against a notice under section 215, the appellant or the local planning authority or any other person having an interest in the land to which the notice relates may, according as rules of court may provide, either appeal to the High Court against the decision on a point of law or require the Welsh Ministers to sign and state a case for the opinion of the High Court.

C213

At any stage of the proceedings on any such appeal as is mentioned in subsection (1), the Secretary of State may state any question of law arising in the course of the proceedings in the form of a special case for the decision of the High Court.

C214

A decision of the High Court on a case stated by virtue of subsection (3) shall be deemed to be a judgment of the court within the meaning of section 16 of the M1Supreme Court Act 1981 (jurisdiction of the Court of Appeal to hear and determine appeals from any judgment of the High Court).

C21F174A

In proceedings brought by virtue of this section in respect of an enforcement notice, the High Court or, as the case may be, the Court of Appeal may, on such terms if any as the Court thinks fit (which may include terms requiring the local planning authority to give an undertaking as to damages or any other matter), order that the notice shall have effect, or have effect to such extent as may be specified in the order, pending the final determination of those proceedings and any re-hearing and determination by the Secretary of State.

F174B

Where proceedings are brought by virtue of this section in respect of any notice under section 207 F24or 215, the notice shall be of no effect pending the final determination of those proceedings and any re-hearing and determination by the Secretary of State.

C225

In relation to any proceedings in the High Court or the Court of Appeal brought by virtue of this section the power to make rules of court shall include power to make rules—

a

prescribing the powers of the High Court or the Court of Appeal with respect to the remitting of the matter with the opinion or direction of the court for re-hearing and determination by the Secretary of State F25or the Welsh Ministers; and

b

providing for the Secretary of State F25or the Welsh Ministers, either generally or in such circumstances as may be prescribed by the rules, to be treated as a party to any such proceedings and to be entitled to appear and to be heard accordingly.

C22F185A

Rules of court may also provide for the High Court or, as the case may be, the Court of Appeal to give directions as to the exercise, until such proceedings in respect of an enforcement notice are finally concluded and any re-hearing and determination by the Secretary of State has taken place, of any other powers in respect of the matters to which such a notice relates.

C226

No proceedings in the High Court shall be brought by virtue of this section except with the leave of that Court and no appeal to the Court of Appeal shall be so brought except with the leave of the Court of Appeal or of the High Court.

C227

In this section “decision” includes a direction or order, and references to the giving of a decision shall be construed accordingly.

F19290. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

291 Special provisions as to decisions relating to statutory undertakers.

In relation to any action which—

a

apart from the provisions of Part XI would fall to be taken by the Secretary of State and, if so taken, would be action falling within section 284(3); but

b

by virtue of that Part, is required to be taken by the Secretary of State and the appropriate Minister,

the provisions of sections 284 and 288 shall have effect (subject to section 292) as if any reference in those provisions to the Secretary of State were a reference to the Secretary of State and the appropriate Minister.

292 Special provisions as to orders subject to special parliamentary procedure.

1

Where an order under section 247, 248, 249 or 277 is subject to special parliamentary procedure, then—

a

if the order is confirmed by Act of Parliament under section 6 of the M2Statutory Orders (Special Procedure) Act 1945, sections 284 and 287 shall not apply to the order;

b

in any other case, section 287 shall have effect in relation to the order as if, in subsection (4) of that section, for the reference to the date there mentioned there were substituted a reference to the date on which the order becomes operative under section 6 of that Act (“the operative date”).

2

Where by virtue of Part XI any such action as is mentioned in section 291 is required to be embodied in an order, and that order is subject to special parliamentary procedure, then—

a

if the order in which the action is embodied is confirmed by Act of Parliament under section 6 of that Act, sections 284 and 288 shall not apply;

b

in any other case, section 288 shall apply with the substitution for any reference to the date on which the action is taken of a reference to the operative date.