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| Criminal Justice and Courts Bill, As Amended
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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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| | “Procedure for certain planning challenges |
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| | Schedule (Procedure for certain planning challenges) contains amendments— |
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| | (a) | that require leave of court to be obtained before certain planning |
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| | applications may be made, and |
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| | (b) | that set out a procedure for challenging costs orders made in connection |
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| | with certain planning orders and decisions.” |
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| | Member’s explanatory statement
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| | This amendment introduces a new Schedule (see amendment new Schedule 3) which provides that |
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| | challenges to a range of planning-related decisions and other actions may only be brought with |
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| | the leave of the High Court; and enables challenges to costs orders connected with some planning |
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| | decisions and actions to be challenged as part of the same application. |
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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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| | “Application of provisions to environmental claims |
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| | (5) | Sections 55 to 60 of this Act shall not apply to judicial review proceedings which |
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| | have as their subject an issue relating wholly or partly to— |
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| | (a) | the state of elements of the environment, such as air and atmosphere, |
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| | water, soil, land, landscape and natural sites, biological diversity and its |
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| | components, including genetically modified organisms, and the |
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| | interaction among these elements; |
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| | (b) | factors, such as substances, energy, noise and radiation, and activities or |
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| | measures, including administrative measures, environmental |
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| | agreements, policies, legislation, plans and programmes, affecting or |
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| | likely to affect the elements of the environment within the scope of sub- |
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| | paragraph (a) above, and cost-benefit and other economic analyses and |
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| | assumptions used in environmental decision-making; |
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| | (c) | the state of human health and safety, conditions of human life, cultural |
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| | sites and built structures, inasmuch as they are or may be affected by the |
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| | state of the elements of the environment or, through these elements, by |
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| | the factors, activities or measures referred to in sub-paragraph (b) |
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| | Member’s explanatory statement
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| | This amendment limits the application of the provisions of this Act on judicial review proceedings |
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| | which relate to the environment, in line with the definition of environmental information in the |
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| To move the following Schedule— |
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| | “Procedure for certain planning challenges |
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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 | In section 284 (validity of development plans and certain orders, decisions and |
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| | (a) | in subsection (1), after paragraph (f) insert “; or— |
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| | (g) | a relevant costs order made in connection with an |
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| | order mentioned in subsection (2) or an action |
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| | mentioned in subsection (3),”, and |
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| | (b) | after subsection (3) insert— |
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| | “(3A) | 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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| | 3 (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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| | 4 (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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| | (2) | 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 action to which this section applies and wishes to |
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| | question its validity, the person may make an application to the High |
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| | Court under this section (whether or not as part of an application made |
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| | 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) | after “applies,” (in the second place) insert “or with any relevant costs |
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| | (c) | after “subsection (1)” (in the second place) insert “or (1A) (as the case |
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| | (5) | 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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| | (a) | in the case of an application relating to an order under section |
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| | 97 that takes effect under section 99 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 to |
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| | which this section applies, the date on which the order is |
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| | (c) | in the case of an application relating to an action to which this |
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| | section applies, the date on which the action is taken; |
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| | (d) | in the case of an application relating to a relevant costs order, |
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| | the date on which the order is made. |
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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), make |
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| | an interim order suspending the operation of any order or action the |
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| | validity of which the person or authority concerned wishes to question, |
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| | 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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| | (a) | in paragraph (a), for “the order or action” substitute “any order or |
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| | (b) | in paragraph (b), for “the order or action in question” substitute “any |
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| | (7) | For subsection (6) substitute— |
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| | “(6) | The High Court may not suspend a tree preservation order under |
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| | subsection (4C) or (5)(a).” |
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| | (8) | In subsection (7), after “subsection” insert “(4C) or”. |
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| | (9) | For subsection (9) substitute— |
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| | “relevant costs order” has the same meaning as in section 284; |
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| | “the relevant requirements”— |
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| | (a) | in relation to any order or action to which this section applies, |
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| | 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 that order or |
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| | (b) | 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 relevant |
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| | (10) | 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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| | 5 | In section 62 of the Planning (Listed Buildings and Conservation Areas) Act |
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| | (a) | in subsection (1), after paragraph (b) insert “; or |
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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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| | |
| | (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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