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| | (c) | a relevant costs order made in connection with any |
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| | such order or decision,”, and |
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| | (b) | after subsection (2) insert— |
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| | “(2A) | In this section, “relevant costs order” means an order made |
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| | under section 250(5) of the Local Government Act 1972 |
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| | (orders as to costs of parties), as applied by virtue of any |
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| | |
| | 6 (1) | Section 63 of that Act (proceedings for questioning validity of other orders, |
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| | decisions and directions) is amended as follows. |
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| | (2) | In subsection (1), for “section 62(1)” substitute “section 62(1)(a) or (b)”. |
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| | (3) | After subsection (1) insert— |
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| | “(1A) | If a person is aggrieved by a relevant costs order made in connection |
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| | with an order or decision mentioned in section 62(1)(a) or (b) and |
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| | wishes to question its validity, the person may make an application to |
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| | the High Court under this section (whether or not as part of an |
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| | application made by virtue of subsection (1)) on the grounds— |
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| | (a) | that the relevant costs order is not within the powers of this |
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| | |
| | (b) | that any of the relevant requirements have not been complied |
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| | with in relation to the order.” |
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| | |
| | (a) | after “subsection (1)” (in the first place) insert “or (1A)”, |
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| | (b) | for “such order or decision” substitute “order or decision mentioned in |
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| | |
| | (c) | for “those grounds” substitute “the grounds mentioned in subsection |
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| | (1) or (1A) (as the case may be)”. |
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| | (5) | For subsection (3) substitute— |
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| | “(3) | An application under this section may not be made without the leave |
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| | |
| | (3A) | An application for leave for the purposes of subsection (3) must be |
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| | made before the end of the period of six weeks beginning with the day |
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| | |
| | (a) | in the case of an application relating to an order under section |
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| | 23 that takes effect under section 25 without confirmation, the |
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| | date on which the order takes effect; |
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| | (b) | in the case of an application relating to any other order |
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| | mentioned in section 62(1)(a), the date on which the order is |
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| | |
| | (c) | in the case of an application relating to a decision mentioned |
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| | in section 62(1)(b) or a relevant costs order, the date on which |
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| | the decision or order is made. |
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| | (3B) | When considering whether to grant leave for the purposes of |
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| | subsection (3), the High Court may make an interim order suspending |
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| | the operation of any order or decision the validity of which the person |
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| | or authority concerned wishes to question, until the final |
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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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| | |
| | (a) | after “this section” insert “(other than an application for leave)”, |
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| | (b) | in paragraph (a), for “the order or decision” substitute “any order or |
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| | |
| | (c) | in paragraph (b)(i), for “the order or decision” substitute “any such |
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| | |
| | (7) | For subsection (6) substitute— |
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| | |
| | “relevant costs order” has the same meaning as in section 62; |
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| | “the relevant requirements”— |
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| | (c) | in relation to an order or decision mentioned in section 62(1)(a) |
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| | or (b), means any requirements of this Act or of the Tribunals and |
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| | Inquiries Act 1992, or of any order, regulations or rules made |
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| | under either of those Acts, which are applicable to the order or |
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| | |
| | (d) | in relation to a relevant costs order, means any requirements of |
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| | this Act, of the Local Government Act 1972 or of the Tribunals |
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| | and Inquiries Act 1992, or of any order, regulations or rules made |
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| | under any of those Acts, which are applicable to the order.” |
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| | Planning (Hazardous Substances) Act 1990 (c. 10) |
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| | 7 (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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| | 8 (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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| | |
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| |
| |
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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 range of planning-related decisions and actions may |
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| | only be brought with the leave of the High Court. It also makes challenges to costs orders |
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| | associated with certain planning orders and decisions subject to the same procedural |
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| | requirements. The amendments to section 288 of the Town and Country Planning Act 1990 |
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| | (previously contained in clause 62) are no longer confined to challenges relating to English |
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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 11, leave out subsections (4), (5) and (6) and insert— |
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| | “(4) | On an application to the High Court or the Court of Appeal by a relevant party to |
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| | the proceedings, the court may order the intervener to pay such costs as the court |
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| | |
| | (5) | An order under subsection (4) will not be considered just unless exceptional |
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| | (6) | For the purposes of subsection (5), exceptional circumstances include where an |
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| | intervener has in substance acted as if it were the principal applicant, appellant or |
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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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| Clause 59, page 59, line 32, leave out subsections (9) to (11) |
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| Page 60, line 11, leave out Clause 60 |
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| Clause 60, page 60, line 29, leave out “must” and insert “should normally” |
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| Clause 60, page 60, line 31, leave out subsections (3) to (5) |
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| Page 61, line 10, leave out Clause 62 |
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| | Member’s explanatory statement
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| | It is proposed to move the amendments made by clause 62 to section 288 of the Town and Country |
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| | Planning Act 1990 into a new Schedule (see new Schedule NS3). That amendment also brings the |
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| | proposed procedure for applications under section 288 for Wales into line with the proposed |
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| | |
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| NEW CLAUSES AND NEW SCHEDULES RELATING TO OFFENCES OF POSSESSING OR |
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| USING OFFENSIVE WEAPONS; REMAINING NEW CLAUSES AND NEW SCHEDULES; |
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| AMENDMENTS TO PART 5; REMAINING PROCEEDINGS ON CONSIDERATION |
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| To move the following Clause— |
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