Paragraph 5C Applications under paragraph 5B: requirement for permissionF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 8 para. 2(6)(ab) substituted by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 225(a)
Sch. 8 para. 8(2)(a) words omitted by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 225(b)
Sch. 8 para. 1(1) words inserted by Planning and Infrastructure Act 2025 Sch. 1 para. 7(a)
Sch. 8 para. 1(2) words inserted by Planning and Infrastructure Act 2025 Sch. 1 para. 7(b)
Sch. 8 para. 1(3) words inserted by Planning and Infrastructure Act 2025 Sch. 1 para. 7(c)

(1)

No proceedings may be taken in respect of an application under paragraph 5B unless the Inner House of the Court of Session has granted permission for the application to proceed.

(2)

The Court may grant permission under sub-paragraph (1) for an application to proceed only if it is satisfied that—

(a)

the applicant can demonstrate a sufficient interest in the subject matter of the application, and

(b)

the application has a real prospect of success.

(3)

The Court may grant permission under subsection (1) for an application to proceed—

(a)

subject to such conditions as the Court thinks fit, or

(b)

only on such of the grounds specified in the application as the Court thinks fit.

Annotations

Textual amendments

F1: Sch. 8 paras. 5B, 5C inserted (26.2.2015) by The Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2015 (S.I. 2015/374), arts. 1(1), 4(3) (with art. 4(4))

Notes on Schedule 8

Textual amendments

F1: Words in Sch. 8 heading inserted (1.4.2019) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 50(2) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 5(b)

Modifications

C1: Sch. 8: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)
C2: Sch. 8 modified in part (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 12(5)(a), 324(3); S.I. 2010/298, art. 2, Sch. para. 4 (with art. 4(1))
C3: Sch. 8 modified (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), ss. 31(2), 70(1)
C4: Sch. 8 modified (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 26(2), 64(1)

Notes on Additional inspectors

Textual amendments

F1: Sch. 8 para. 5A and cross-heading inserted (E.W.) (6.4.2007) by Energy Act 2004 (c. 20), ss. 182(1), 198(2); S.I. 2007/1091, art. 2(a)