Part 9

Miscellaneous and general

Miscellaneous

Validity of strategies, plans and documents
113
1
This section applies to—
a
a revision of the regional spatial strategy;
b
the Wales Spatial Plan;
c
a development plan document;
d
a local development plan;
e
a revision of a document mentioned in paragraph (b), (c) or (d);
f
the Mayor of London’s spatial development strategy;
g
an alteration or replacement of the spatial development strategy,
and anything falling within paragraphs (a) to (g) is referred to in this section as a relevant document.
2
A relevant document must not be questioned in any legal proceedings except in so far as is provided by the following provisions of this section.
3
A person aggrieved by a relevant document may make an application to the High Court on the ground that—
a
the document is not within the appropriate power;
b
a procedural requirement has not been complied with.
4
But the application must be made not later than the end of the period of six weeks starting with the relevant date.
5
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.
6
Subsection (7) 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.
7
The High Court may quash the relevant document—
a
wholly or in part;
b
generally or as it affects the property of the applicant.
8
An interim order has effect until the proceedings are finally determined.
9
The appropriate power is—
a
Part 1 of this Act in the case of a revision of the regional spatial strategy;
b
section 60 above in the case of the Wales Spatial Plan or any revision of it;
c
Part 2 of this Act in the case of a development plan document or any revision of it;
d
sections 62 to 78 above in the case of a local development plan or any revision of it;
e
sections 334 to 343 of the Greater London Authority Act 1999 (c. 29) in the case of the spatial development strategy or any alteration or replacement of it.
10
A procedural requirement is a requirement under the appropriate power or contained in regulations or an order made under that power which relates to the adoption, publication or approval of a relevant document.
11
References to the relevant date must be construed as follows—
a
for the purposes of a revision of the regional spatial strategy, the date when the Secretary of State publishes the revised strategy under section 9(6) above;
b
for the purposes of the Wales Spatial Plan (or a revision of it), the date when it is approved by the National Assembly for Wales;
c
for the purposes of a development plan document (or a revision of it), the date when it is adopted by the local planning authority or approved by the Secretary of State (as the case may be);
d
for the purposes of a local development plan (or a revision of it), the date when it is adopted by a local planning authority in Wales or approved by the National Assembly for Wales (as the case may be);
e
for the purposes of the spatial development strategy (or an alteration or replacement of it), the date when the Mayor of London publishes it.