Member

128: After Clause 51, insert the following new Clause— “Planning Acts legal challenges: reduction in time limit(1) The Town and Country Planning Act 1990 is amended in accordance with subsections (2) to (6).(2) In section 61N (legal challenges in relation to neighbourhood development orders)—(a) in subsection (1)(b) for “6 weeks” substitute “21 days”;(b) in subsection (2)(b) for “6 weeks” substitute “21 days”;(c) in subsection (3)(b) for “6 weeks” substitute “21 days”.(3) In section 106C (legal challenges relating to development consent obligations)—(a) in subsection (1)(b) for “6 weeks” substitute “21 days”;(b) in subsection (1A) for “6 weeks” substitute “21 days”; (c) in subsection (2)(b) for “6 weeks” substitute “21 days”;(d) in subsection (3)(b) for “6 weeks” substitute “21 days”.(4) In section 287 (proceedings for questioning validity of development plans and certain schemes and orders), in subsection (2B), for “6 weeks” substitute “21 days”.(5) In section 288 (proceedings for questioning the validity of other orders, decisions and directions), in subsection (4B), for “6 weeks” substitute “21 days”.(6) In section 289 (appeals to High Court relating to certain notices), after subsection (4B), insert—“(4C) An appeal under this section may not be made without the leave of the High Court.(4D) An application for leave for the purposes of subsection (4C) must be made before the end of the period of 21 days beginning with the day after the decision of the Secretary of State is made.”.(7) In section 63 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (proceedings for questioning the validity of other orders, decisions and directions), in subsection (3A), for “6 weeks” substitute “21 days”.(8) In section 22 of the Planning (Hazardous Substances) Act 1990 (validity of decisions as to applications), in subsection (2B), for “6 weeks” substitute “21 days”.(9) In section 118 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent)—(a) in subsection (1)(b) for “6 weeks” substitute “21 days”;(b) in subsection (2)(b) for “6 weeks” substitute “21 days”;(c) in subsection (3)(b) for “6 weeks” substitute “21 days”;(d) in subsection (4)(b) for “6 weeks” substitute “21 days”;(e) in subsection (5)(b) for “6 weeks” substitute “21 days”;(f) in subsection (6)(b) for “6 weeks” substitute “21 days”;(g) in subsection (7)(b) for “6 weeks” substitute “21 days”.(10) The amendments made by this section do not apply in relation to a decision made before this section comes into force.”Member’s explanatory statement This new Clause would reduce the time-limit for legal challenges to certain orders from 6 weeks to 21 days, in line with the deadline for an application for permission to appeal. Transitional provision is further made to ensure that the amendments made by the new Clause apply prospectively only. This amendment extends Amendment 128 to proceedings brought under section 22 of the Planning (Hazardous Substances) Act 1990.