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Local Government (Wales) Act 1994

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This is the original version (as it was originally enacted).

16(1)Except as provided by section 287 of the planning Act (proceedings for questioning validity of development plans) as applied by this paragraph, the validity of—

(a)a modified plan, or

(b)any alteration made to or replacement of a local plan, a minerals local plan, a waste local plan or a structure plan under Part III of Schedule 5,

whether before or after the plan, alteration or replacement has been approved or adopted, shall not be questioned in any legal proceedings.

(2)Section 287 of the planning Act applies in relation to any such plan, alteration or replacement as it applies in relation to—

(a)a local plan, minerals local plan, or waste local plan adopted or approved, or

(b)any alteration made to or replacement of any such plan or a structure plan,

before 1st April 1996, but with the omission of subsection (3) and as modified by sub-paragraphs (3) to (5).

(3)Subsection (1)(a) shall apply as if after “Part II” there were inserted “or by or under Part III of Schedule 5 to the Local Government (Wales) Act 1994”.

(4)Subsections (1)(b) and (2)(b) shall apply as if any reference to Part II of the planning Act included a reference to Part III of Schedule 5.

(5)Subsection (5)(a) shall apply as if for “under section 26 or, as the case may be, section 53” there were substituted “under Part III of Schedule 5 to the Local Government (Wales) Act 1994”.

(6)Terms used in this paragraph have the same meanings as they have in Part III of Schedule 5.

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