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| given up to and including |
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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| Criminal Justice and Courts Bill, As Amended
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| | The Amendments have been arranged in accordance with the Order of the House |
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| NEW CLAUSES AND NEW SCHEDULES RELATING TO JUDICIAL REVIEW AND |
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| CHALLENGES TO PLANNING-RELATED DECISIONS; AMENDMENTS TO PART 4 |
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| To move the following Clause— |
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| | “Leave of court required for certain planning applications |
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| | Schedule (Leave of court required for certain planning proceedings) contains |
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| | amendments requiring leave of court to be obtained before certain planning |
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| | applications may be made.” |
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| | Member’s explanatory statement
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| | This amendment introduces a new Schedule (see amendment NS1) which provides that challenges |
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| | to a range of planning-related decisions and other actions may only be brought with the leave of |
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| To move the following Clause— |
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| | “Periods of time for certain legal challenges |
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| | (1) | In section 61N of the Town and Country Planning Act 1990 (legal challenges |
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| | relating to neighbourhood development orders)— |
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| | (a) | in subsections (1)(b) and (2)(b), after “beginning with” insert “the day |
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| | (b) | in subsection (3)(b)— |
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| | (i) | for “during” substitute “before the end of”; |
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| | (ii) | after “beginning with” insert “the day after”. |
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| | (2) | In section 106C of that Act (legal challenges relating to development consent |
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| | (a) | in subsection (1)(b)— |
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| | (i) | for “during” substitute” “before the end of”; |
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| | (ii) | after “beginning with” insert “the day after”; |
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| | (b) | in subsection (1A), after “begins with” insert “the day after”; |
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| | (c) | in subsections (2)(b) and (3)(b)— |
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| | (i) | for “during” substitute” “before the end of”; |
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| | (ii) | after “beginning with” insert “the day after”. |
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| | (3) | In section 13 of the Planning Act 2008 (legal challenges relating to national |
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| | policy statements), in subsections (1)(b), (2)(b), (3)(b), (4)(b), (5)(b) and (6)(b)— |
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| | (a) | for “during” substitute “before the end of”; |
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| | (b) | after “beginning with” insert “the day after”. |
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| | (4) | In section 118 of that Act (legal challenges relating to applications for orders |
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| | granting development consent)— |
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| | (a) | in subsections (1)(b), (2)(b) and (3)(b)— |
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| | (i) | for “during” substitute “before the end of”; |
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| | (ii) | after “beginning with” insert “the day after”; |
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| | (b) | in subsections (4)(b), (5)(b) and (6)(b)— |
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| | (i) | for “during” substitute “before the end of”; |
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| | (ii) | after “day”, wherever occurring, insert “after the day”; |
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| | (c) | in subsection (7)(b)— |
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| | (i) | for “during” substitute “before the end of”; |
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| | (ii) | after “beginning with” insert “the day after”.” |
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| | Member’s explanatory statement
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| | The provisions amended by the clause allow for legal challenges to certain planning-related |
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| | decisions and other actions. They stipulate that a challenge may be made during a period of six |
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| | weeks beginning with the day on which the decision or action challenged occurs. The amendments |
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| | secure that the six-week period does not start to run until the following day |
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| To move the following Clause— |
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| | “Arrangements for legal aid |
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| | The Secretary of State may not omit, vary, limit or change the arrangements for |
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| | legal aid set out in section (2) or section (9) of the Legal Aid, Sentencing and |
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| | Punishment of Offenders Act 2012, in so far as such changes related to the |
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| | provisions of Part 4 of this Act.” |
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| To move the following Schedule— |
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| | “Leave of court required for certain planning applications |
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| | Town and Country Planning Act 1990 (c. 8) |
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| | 1 | Part 12 of the Town and Country Planning Act 1990 (validity) is amended as |
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| | 2 (1) | Section 287 (proceedings for questioning validity of development plans and |
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| | certain schemes and orders) is amended as follows. |
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| | (2) | After subsection (2) insert— |
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| | “(2A) | An application under this section may not be made without the leave |
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| | (2B) | An application for leave for the purposes of subsection (2A) must be |
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| | made before the end of the period of six weeks beginning with the day |
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| | after the relevant date.” |
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| | (3) | After subsection (3) insert— |
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| | “(3ZA) | An interim order has effect— |
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| | (a) | if made on an application for leave, until the final |
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| | (i) | the question of whether leave should be granted, or |
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| | (ii) | where leave is granted, the proceedings on any |
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| | application under this section made with such leave; |
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| | (b) | in any other case, until the proceedings are finally |
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| | (4) | Omit subsections (3C) and (4). |
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| | (5) | In subsection (5), for “subsection (4)” substitute “subsection (2B)”. |
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| | (6) | After subsection (5) insert— |
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| | “(5A) | References in this Act to an application under this section do not |
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| | include an application for leave for the purposes of subsection (2A).” |
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| | 3 (1) | Section 288 (proceedings for questioning validity of other orders, decisions |
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| | and directions) is amended as follows. |
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| | (3) | After subsection (4) insert— |
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| | “(4A) | An application under this section may not be made without the leave |
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| | (4B) | An application for leave for the purposes of subsection (4A) must be |
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| | made before the end of the period of six weeks beginning with the day |
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| | after (as the case may be)— |
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| | (a) | the date on which the order is confirmed or (in the case of an |
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| | order under section 97 which takes effect under section 99 |
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| | without confirmation) takes effect, or |
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| | (b) | the date on which the action is taken. |
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| | (4C) | When considering whether to grant leave for the purposes of |
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| | subsection (4A), the High Court may, subject to subsection (6), by |
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| | interim order suspend the operation of the order or action the validity |
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| | of which the person or authority concerned wishes to question, until |
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| | the final determination of— |
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| | (a) | the question of whether leave should be granted, or |
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| | (b) | where leave is granted, the proceedings on any application |
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| | under this section made with such leave.” |
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| | (4) | For subsection (6) substitute— |
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| | “(6) | The High Court may not make an interim order— |
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| | (a) | under subsection (4C), where leave is sought to make an |
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| | application questioning the validity of a tree preservation |
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| | (b) | under subsection (5)(a), on an application questioning the |
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| | validity of a tree preservation order.” |
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| | (5) | After subsection (10) insert— |
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| | “(11) | References in this Act to an application under this section do not |
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| | include an application for leave for the purposes of subsection (4A).” |
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| | Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) |
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| | 4 (1) | Section 63 of the Planning (Listed Buildings and Conservation Areas) Act |
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| | 1990 (proceedings for questioning validity of other orders, decisions and |
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| | directions) is amended as follows. |
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| | (2) | For subsection (3) substitute— |
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| | “(3A) | An application under this section may not be made without the leave |
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| | (3B) | An application for leave for the purposes of subsection (3A) must be |
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| | made before the end of the period of six weeks beginning with the day |
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| | after (as the case may be)— |
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| | (a) | the date on which the order is confirmed or (in the case of an |
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| | order under section 23 which takes effect under section 25 |
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| | without confirmation) takes effect, or |
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| | (b) | the date on which the action is taken. |
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| | (3C) | When considering whether to grant leave for the purposes of |
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| | subsection (3A), the High Court may by interim order suspend the |
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| | operation of the order or decision the validity of which the person or |
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| | authority concerned wishes to question, until the final determination |
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| | (a) | the question of whether leave should be granted, or |
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| | (b) | where leave is granted, the proceedings on any application |
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| | under this section made with such leave.” |
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| | (3) | In subsection (4), after “section” insert “(other than an application for leave)”. |
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| | Planning (Hazardous Substances) Act 1990 (c. 10) |
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| | 5 (1) | Section 22 of the Planning (Hazardous Substances) Act 1990 (validity of |
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| | decisions as to applications) is amended as follows. |
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| | (2) | In subsections (1) and (2), omit “within six weeks from the date on which the |
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| | (3) | After subsection (2) insert— |
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| | “(2A) | An application under this section may not be made without the leave |
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| | (2B) | An application for leave for the purposes of subsection (2A) must be |
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| | made before the end of the period of six weeks beginning with the day |
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| | after the date on which the decision to which the application relates is |
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| | (2C) | When considering whether to grant leave for the purposes of |
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| | subsection (2A), the High Court may by interim order suspend the |
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| | operation of the decision the validity of which the person or authority |
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| | concerned wishes to question, until the final determination of— |
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| | (a) | the question of whether leave should be granted, or |
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| | (b) | where leave is granted, the proceedings on any application |
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| | under this section made with such leave.” |
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| | (4) | In subsection (3), after “section” insert “(other than an application for leave)”. |
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| | Planning and Compulsory Purchase Act 2004 (c. 5) |
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| | 6 (1) | Section 113 of the Planning and Compulsory Purchase Act 2004 (validity of |
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| | strategies, plans and documents) is amended as follows. |
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| | (2) | After subsection (3) insert— |
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| | “(3A) | An application may not be made under subsection (3) without the |
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| | (3B) | An application for leave for the purposes of subsection (3A) must be |
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| | made before the end of the period of six weeks beginning with the day |
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| | after the relevant date.” |
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| | (4) | After subsection (5) insert— |
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| | “(5A) | An interim order has effect— |
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| | (a) | if made on an application for leave, until the final |
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| | (i) | the question of whether leave should be granted, or |
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| | (ii) | where leave is granted, the proceedings on any |
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| | application under this section made with such leave; |
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| | (b) | in any other case, until the proceedings are finally |
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| | (5) | Omit subsection (8).” |
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| | Member’s explanatory statement
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| | The Schedule provides that challenges to a number of planning-related decisions and other actions |
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| | may only be brought with the leave of the High Court. The amendments to section 288 of the Town |
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| | and Country Planning Act 1990 (previously contained in clause 59) are no longer confined to |
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| | challenges relating to English matters |
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| Page 55, line 12, leave out Clause 55 |
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| Clause 55, page 55, line 16, leave out “must” and insert “may” |
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| Clause 55, page 55, line 18, leave out “not” and insert “decide not to” |
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| Clause 55, page 55, line 20, leave out “highly likely” and insert “inevitable” |
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| Clause 55, page 55, line 31, leave out “highly likely” and insert “inevitable” |
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| Clause 55, page 55, line 32, leave out “must” and insert “may” |
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| Clause 55, page 55, line 35, leave out “conduct (or alleged conduct) of the |
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| defendant” and insert “procedural defect” |
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| Clause 55, page 56, line 15, leave out “conduct (or alleged conduct) of the |
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| respondent” and insert “procedural defect” |
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| Clause 55, page 56, line 19, leave out “highly likely” and insert “inevitable” |
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| Clause 55, page 56, line 21, leave out “must” and insert “may” |
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| Page 56, line 28, leave out Clause 56 |
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| Page 57, line 25, leave out Clause 57 |
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| Page 58, line 2, leave out Clause 58 |
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| Clause 58, page 58, line 11, leave out subsections (4) and (5) |
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| Clause 58, page 58, line 18, leave out “or (5)” |
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| Page 58, line 34, leave out Clause 59 |
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| Clause 59, page 58, line 41, leave out “only if leave to apply for judicial review has |
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| been granted” and insert “at any stage of the proceedings.” |
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