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Planning and Compulsory Purchase Act 2004

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Planning and Compulsory Purchase Act 2004, Section 9 is up to date with all changes known to be in force on or before 22 November 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Schedule 1 Paragraph 9:

  • specified provision(s) amendment to earlier commencing SI 2006/1061 art. 4 by S.I. 2010/321 art. 3
  • specified provision(s) amendment to earlier commencing SI 2007/1369 art. 3 by S.I. 2010/321 art. 4

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[F19(1)This paragraph applies if the Secretary of State gives a direction under paragraph 8(5).E+W

(2)No steps are to be taken in connection with the adoption or approval of the document until the Secretary of State gives his decision, or withdraws the direction.

(3)If the direction is given, and not withdrawn, before the document has been submitted for independent examination, the Secretary of State must hold an independent examination.

(4)If the direction—

(a)is given after the document has been submitted for independent examination but before the person appointed to carry out the examination has made his recommendations, and

(b)is not withdrawn before those recommendations are made,

the person must make his recommendations to the Secretary of State.

(5)The document has no effect unless the document or (as the case may be) the relevant part of it has been approved by the Secretary of State, or the direction is withdrawn.

The “relevant part” is the part of the document that—

(a)is covered by a direction under paragraph 8(5) which refers to only part of the document, or

(b)continues to be covered by a direction under paragraph 8(5) following the partial withdrawal of the direction.

(6)The Secretary of State must publish the recommendations made to him by virtue of sub-paragraph (3) or (4) and the reasons of the person making the recommendations.

(7)In considering a document or part of a document submitted under paragraph 8(5) the Secretary of State may take account of any matter which he thinks is relevant.

(8)It is immaterial whether any such matter was taken account of by the Mayor of London[F2, the combined authority or the upper-tier county council].]

Textual Amendments

F2Words in Sch. A1 para. 9(8) substituted (16.1.2018) by Neighbourhood Planning Act 2017 (c. 20), s. 46(1), Sch. 2 para. 6; S.I. 2018/38, reg. 2(c)

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