C3Part 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

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F13or the Welsh Ministers as is mentioned in subsection (3), F11or—

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 F7or the Welsh Ministers of any of the following descriptions—

F15ya

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

F6za

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

a

any decision on an application F5for planning permission referred to F14himF14the Secretary of State or the Welsh Ministers under section 77;

F16aa

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;

F18ba

any decision on an appeal under section 93I;

F1c

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

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 F2. . . on an appeal under section 195(1);

h

any decision relating—

i

to an application for consent under F17a tree preservation orderF17tree 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 F9or the Welsh Ministers for determination in the first instance.

F3i

any decision on an application for planning permission F12or permission in principleF20to the Welsh Ministers under section 293A.

F19j

any decision on an application made to the Secretary of State under section 293B, 293D or 293EF21, or

k

any determination by the Secretary of State whether to approve a biodiversity gain plan under Schedule 7A (biodiversity gain in England).

F103A

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 F8or the Welsh Ministers to take any such action as is mentioned in subsection (3).