Part XI

Validity

Proceedings for questioning validity of development plans and certain schemes and orders.
238
A1
If any person aggrieved by the National Planning Framework desires to question the validity of the framework on the ground—
a
that it is not within the powers conferred by Part 1A, or
b
that any requirement of that Part or of any regulations made under that Part has not been complied with,
the person may make an application to the Court of Session under this section.
1
If any person aggrieved by a ... local development plan desires to question the validity of the plan on the ground—
a
that it is not within the powers conferred by Part II, or
b
that any relevant requirement of that Part or of any regulations made under that Part has not been complied with,
he may make an application to the Court of Session under this section.
2
On any application under this section the Court of Session—
a
may by interim order wholly or in part suspend the operation of the plan ..., either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings;
b
if satisfied that the plan ... is wholly or to any extent outside the powers conferred by Part II, or that the interests of the applicant have been substantially prejudiced by the failure to comply with any requirement of that Part or of any regulations made under it, may wholly or in part quash the plan ... either generally or in so far as it affects any property of the applicant.
3
Subsections (1) and (2) shall apply, subject to any necessary modifications, to any of the following as they apply to any plan ... there mentioned—
a
a simplified planning zone scheme or an alteration of such a scheme,
b
a masterplan consent area scheme or an alteration of such a scheme,
c
an order under section 202, 203, 206, 207, 208 or 230.
4
An application under this section must be made within 6 weeks from the relevant date.
5
For the purposes of subsection (4) the relevant date is—
za
in the case of an application in respect of the National Planning Framework—
i
the date of its publication under section 3CA(7), or
ii
where the grounds of the application arise from an amendment to the National Planning Framework, the date on which the amendment took effect,
a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
aa
in the case of an application in respect of a local development plan,
i
the date of its publication under section 20A(1)(b) , or
ii
where the grounds of the application arise from an amendment to the local development plan, the date on which the amendment took effect,
b
in the case of an application by virtue of subsection (3) 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 12 of Schedule 5;
ba
in the case of an application by virtue of subsection (3) in respect of a masterplan consent area scheme or an alteration of such a scheme, the date that notice is first published (in accordance with regulations under paragraph 22 of schedule 5A) that the scheme has been made or (as the case may be) altered,
c
in the case of an application by virtue of subsection (3) in respect of an order under section 202 or 206(1)(a), the date on which the notice required by paragraph 1(7) of Schedule 16 is first published;
d
in the case of an application by virtue of subsection (3) in respect of an order under section 203, 206(1)(b), 207 or 208, the date on which the notice required by paragraph 11 of Schedule 16 is first published in accordance with that paragraph; and
e
in the case of an application by virtue of subsection (3) in respect of an order under section 230, the date on which the notice required by subsection (6) of that section is first published;
but subject, in the case of those orders made under sections 202, 203 and 230, to section 241.
6
In their application to simplified planning zone schemes and their alteration, subsections (1) and (2) shall have effect as if they referred to Part III instead of Part II.
7
In their application to masterplan consent area schemes and their alteration, subsections (1) and (2) have effect as if, instead of Part II, they referred to Part III and schedule 5A.
Words in s. 238(1) substituted (28.2.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(12)(a)(i), 59(2) (with S.S.I. 2008/427, arts. 1(1), 2-5); S.S.I. 2009/70, art. 2, sch.
Words in s. 238(1)(b) substituted (28.2.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(12)(a)(ii), 59(2) (with S.S.I. 2008/427, arts. 1(1), 2-5); S.S.I. 2009/70, art. 2, sch.
Words in s. 238(2)(a) repealed (28.2.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(12)(b)(i), 59(2) (with S.S.I. 2008/427, arts. 1(1), 2-5); S.S.I. 2009/70, art. 2, sch.
Words in s. 238(2)(b) repealed (28.2.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(12)(b)(ii), 59(2) (with S.S.I. 2008/427, arts. 1(1), 2-5); S.S.I. 2009/70, art. 2, sch.
Words in s. 238(3) repealed (28.2.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(12)(c), 59(2) (with S.S.I. 2008/427, arts. 1(1), 2-5); S.S.I. 2009/70, art. 2, sch.
Pt. XI modified (1.6.2011) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 (S.S.I. 2011/139), regs. 1, 33(11), 42
S. 238(A1) inserted (23.12.2022) by Planning (Scotland) Act 2019 (asp 13), ss. 13(5)(a), 63(2); S.S.I. 2022/386, reg. 2(1)
S. 238(5)(za) inserted (23.12.2022) by Planning (Scotland) Act 2019 (asp 13), ss. 13(5)(b), 63(2) (as amended by S.S.I. 2019/424, regs. 1, 2(3)(b)); S.S.I. 2022/386, reg. 2(1)
Words in s. 285(5)(aa) renumbered as s. 285(5)(aa)(i) (23.12.2022) by Planning (Scotland) Act 2019 (asp 13), ss. 13(5)(c)(i), 63(2); S.S.I. 2022/386, reg. 2(1)
S. 238(5)(aa)(ii) and word inserted (23.12.2022) by Planning (Scotland) Act 2019 (asp 13), ss. 13(5)(c)(ii), 63(2); S.S.I. 2022/386, reg. 2(1)
Words in s. 238(1) repealed (12.2.2023) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 1(10)(a); S.S.I. 2023/10, reg. 3(2)(e)
S. 238(5)(a) repealed (12.2.2023) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 1(10)(b); S.S.I. 2023/10, reg. 3(2)(e)
S. 238(7) inserted (5.12.2024) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 5(9)(c); S.S.I. 2024/252, reg. 2(2)(d)
Words in s. 238(3) substituted (5.12.2024) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 5(9)(a)(i); S.S.I. 2024/252, reg. 2(2)(d)
S. 238(3)(a)-(c) inserted (5.12.2024) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 5(9)(a)(ii); S.S.I. 2024/252, reg. 2(2)(d)
S. 238(5)(ba) inserted (5.12.2024) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 5(9)(b); S.S.I. 2024/252, reg. 2(2)(d)