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(b) subsection (3) must be ignored.” | |
Part 8 | |
Miscellaneous and general | |
Miscellaneous | |
78 Validity of strategies, plans and documents | 5 |
(1) This section applies to— | |
(a) a revision of the regional spatial strategy; | |
(b) the Wales Spatial Plan; | |
(c) a local development document; | |
(d) a local development plan; | 10 |
(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. | 15 |
(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; | 20 |
(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— | 25 |
(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; | 30 |
(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. | 35 |
(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 54 above in the case of the Wales Spatial Plan or any revision of | |
it; | 40 |
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(c) Part 2 of this Act in the case of a local development document or any | |
revision of it; | |
(d) sections 56 to 72 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 | 5 |
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 or approval of a relevant document. | 10 |
(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 | |
8(6) above; | |
(b) for the purposes of the Wales Spatial Plan (or a revision of it), the date | 15 |
when it is approved by the National Assembly for Wales; | |
(c) for the purposes of a local development 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 | 20 |
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. | |
79 Examinations | 25 |
(1) An examination of any document or plan for the purposes of Part 2 or Part 6 of | |
this Act is a statutory inquiry within the meaning of the Tribunals and | |
Inquiries Act 1992 (c. 53). | |
(2) For the purposes of subsection (1) it is immaterial whether any such | |
examination is held in public. | 30 |
80 Grants for advice and assistance | |
In the 1990 Act after section 304 (grants for research and education) there is | |
inserted the following section— | |
“304A Grants for advice and assistance | |
(1) The appropriate authority may make grants for the purpose of assisting any | 35 |
person to provide advice and assistance to the public in connection with any | |
matter which is related to— | |
(a) the planning Acts; | |
(b) the Planning and Compulsory Purchase Act 2003. | |
(2) The appropriate authority may make a grant subject to such terms and | 40 |
conditions as it thinks appropriate. | |
(3) Person includes a body whether or not incorporated. | |
(4) The appropriate authority is— | |
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(a) the Secretary of State in relation to England; | |
(b) the National Assembly for Wales in relation to Wales.” | |
81 Isles of Scilly | |
(1) This Act applies to the Isles of Scilly subject to such exceptions, adaptations and | |
modifications as the Secretary of State may by order direct. | 5 |
(2) An order may in particular provide for— | |
(a) the Council of the Isles of Scilly to enter into arrangements in pursuance | |
of section 4; | |
(b) the exercise by the Council of the Isles of Scilly of any function | |
exercisable by a local planning authority under Part 2. | 10 |
(3) But an order must not be made under this section unless the Secretary of State | |
has consulted the Council of the Isles of Scilly. | |
82 Interpretation | |
(1) Expressions used in this Act and in the principal Act have the same meaning | |
in this Act as in that Act. | 15 |
(2) Expressions used in this Act and in the listed buildings Act have the same | |
meaning in this Act as in that Act. | |
(3) Expressions used in this Act and in the hazardous substances Act have the | |
same meaning in this Act as in that Act. | |
(4) The planning Acts are— | 20 |
(a) the principal Act; | |
(b) the listed buildings Act; | |
(c) the hazardous substances Act; | |
(d) the Planning (Consequential Provisions) Act 1990 (c. 11). | |
(5) The principal Act is the Town and Country Planning Act 1990 (c. 8). | 25 |
(6) The listed buildings Act is the Planning (Listed Buildings and Conservation | |
Areas) Act 1990 (c. 9). | |
(7) The hazardous substances Act is the Planning (Hazardous Substances) Act | |
1990 (c. 10). | |
General | 30 |
83 Amendments | |
(1) Schedule 3 contains amendments of the planning Acts. | |
(2) Schedule 4 contains amendments of other enactments. | |
(3) A reference in Schedule 1 to the National Assembly for Wales (Transfer of | |
Functions) Order 1999 to an enactment amended by this Act must be taken to | 35 |
be a reference to the enactment as so amended. | |
(4) But subsection (3) does not affect such an enactment to the extent that the | |
amendment makes express provision in connection with the exercise of a | |
function in relation to Wales. | |
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84 Transitionals | |
Schedule 5 contains transitional provisions relating to Parts 1 and 2. | |
85 Repeals | |
Schedule 6 contains repeals. | |
86 Commencement | 5 |
(1) The preceding provisions of this Act (except section 80 and the provisions | |
specified in subsection (3)) come into force on such day as the Secretary of State | |
may by order appoint. | |
(2) But the Secretary of State must not make an order which relates to any of the | |
following provisions unless he first consults the National Assembly for | 10 |
Wales— | |
(a) Part 3; | |
(b) Part 4, except sections 43 and 49; | |
(c) Part 5; | |
(d) Part 7; | 15 |
(e) in this Part sections 78, 79, 82, 83 and 85; | |
(f) Schedules 3, 4 and 6. | |
(3) Part 6 comes into force in accordance with provision made by the National | |
Assembly for Wales by order. | |
87 Regulations and orders | 20 |
(1) A power to prescribe is (unless express provision is made to the contrary) a | |
power to prescribe by regulations exercisable— | |
(a) by the Secretary of State in relation to England; | |
(b) by the National Assembly for Wales in relation to Wales. | |
(2) References in this section to subordinate legislation are to any order or | 25 |
regulations under this Act. | |
(3) Subordinate legislation— | |
(a) may make different provision for different purposes; | |
(b) may include such supplementary, incidental, consequential, saving or | |
transitional provisions (including provision amending, repealing or | 30 |
revoking enactments) as the person making the subordinate legislation | |
thinks necessary or expedient. | |
(4) A power to make subordinate legislation must be exercised by statutory | |
instrument. | |
(5) A statutory instrument is subject to annulment in pursuance of a resolution of | 35 |
either House of Parliament unless it contains— | |
(a) an order under section 81(1); | |
(b) an order under section 86 which does not include provision under | |
subsection (3)(b) above; | |
(c) subordinate legislation made by the National Assembly for Wales. | 40 |
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