Section 106D: Legal challenges relating to infrastructure consent obligations

Town and Country Planning Act 1990 · 1990 c. 8View on legislation.gov.uk

Part III: Control over development

This section applies where an application has been made to the Welsh Ministers under section 106A.

A court may entertain proceedings for questioning a failure by the Welsh Ministers to give notice as mentioned in section 106A(7) only if—

the proceedings are brought by a claim for judicial review, and
the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the period prescribed under section 106A(7) ends.

A court may entertain proceedings for questioning a determination by the Welsh Ministers that a planning obligation is to continue to have effect without modification only if—

the proceedings are brought by a claim for judicial review, and
the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which notice of the determination is given under section 106A(7).

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