(1) The Supreme Court, the County Court or the Magistrates' Court does not have jurisdiction to hear, or continue to hear, or determine any proceeding in which a person bringing the proceeding brings in issue the matter of the exercise of, or the failure to exercise, a power under a planning enactment if— (a) the Tribunal has jurisdiction to review the matter of the exercise of, or the failure to exercise, that power; and (b) the matter— (i) has not been the subject of a proceeding in the Tribunal; or (ii) if it has been the subject of a proceeding in the Tribunal, has not been determined by the Tribunal; or (iii) if it has been determined by the Tribunal, the time for appeal against an order of the Tribunal in the proceeding has not expired; or (iv) if an appeal has been brought against an order in the proceeding, the appeal has not been determined. (2) If the Supreme Court, the County Court or the Magistrates' Court is of the opinion that there are special circumstances that justify the hearing by the Court of a proceeding to which subsection (1) applies, the court may direct that subsection (1) does not apply to that proceeding. (3) If a court determines a proceeding to which subsection (1) applies but does not give a direction under subsection (2), nothing in this section invalidates the decision of the court. (4) In this section—
(1) The Supreme Court, the County Court or the Magistrates' Court does not have jurisdiction to hear, or continue to hear, or determine any proceeding in which a person bringing the proceeding brings in issue the matter of the exercise of, or the failure to exercise, a power under a planning enactment if— (a) the Tribunal has jurisdiction to review the matter of the exercise of, or the failure to exercise, that power; and (b) the matter— (i) has not been the subject of a proceeding in the Tribunal; or (ii) if it has been the subject of a proceeding in the Tribunal, has not been determined by the Tribunal; or (iii) if it has been determined by the Tribunal, the time for appeal against an order of the Tribunal in the proceeding has not expired; or (iv) if an appeal has been brought against an order in the proceeding, the appeal has not been determined. (2) If the Supreme Court, the County Court or the Magistrates' Court is of the opinion that there are special circumstances that justify the hearing by the Court of a proceeding to which subsection (1) applies, the court may direct that subsection (1) does not apply to that proceeding. (3) If a court determines a proceeding to which subsection (1) applies but does not give a direction under subsection (2), nothing in this section invalidates the decision of the court. (4) In this section—
98-53a081.docx