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Planning and Compulsory Purchase Act 2004

Sections 22-26: Withdrawal, adoption, conformity with regional strategy, revocation and revision of LDDs

45.Sections 22 to 26 deal with the arrangements for LDDs to be withdrawn, adopted, checked for conformity with regional strategy, revoked and revised. A local planning authority can withdraw an LDD at any time before they adopt it. But an authority cannot withdraw a development plan document once it has been submitted for independent examination unless the person carrying out the examination so recommends or the Secretary of State directs the document to be withdrawn. An authority may adopt an LDD which is not a development plan document with or without changes. But it can only adopt a development plan document in accordance with the recommendations of the person appointed to hold the independent examination.

46.LDDs must be in general conformity with the RSS or the Mayor of London's spatial development strategy (as appropriate). (In relation to development plan documents, a local planning authority must request the opinion of the RPB or the Mayor, as applicable, as to the conformity of those documents with the RSS or spatial development strategy.) If the RPB or the Mayor does not believe the LDD to be in general conformity with the appropriate regional strategy, its or his opinion will be treated as a representation seeking a change, and it or he will accordingly have the right to appear in person at the examination. The Secretary of State may, however, direct that the RPB's opinion should be ignored.

47.The Secretary of State may revoke an LDD if an authority ask him to do so. He may also prescribe types of LDD that an authority may revoke without reference to him.

48.An authority may prepare a revision of an LDD at any time, and must prepare a revision if the Secretary of State so directs, adhering to any timetable he sets. Revisions to LDDs must comply with the same requirements as those which apply to the preparation of LDDs.

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