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Planning and Compulsory Purchase Act 2004

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Changes over time for: Cross Heading: Intervention by Secretary of State

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Changes to legislation:

Planning and Compulsory Purchase Act 2004, Cross Heading: Intervention by Secretary of State is up to date with all changes known to be in force on or before 13 December 2024. 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 A1 Crossheading Intervention-by-secretary-of-state:

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

[F1Intervention by Secretary of StateE+W

Textual Amendments

8(1)This paragraph applies to a development plan document that has been prepared or revised—E+W

(a)under paragraph 1 by the Mayor of London, F2...

(b)under paragraph 5 by a combined authority[F3,

[F4(ba)under paragraph 7ZB by a combined county authority,] or

( c)under paragraph 7B by an upper-tier county council.]

(2)If the Secretary of State thinks that a development plan document to which this paragraph applies is unsatisfactory—

(a)he may at any time before the document is adopted under section 23, or approved under paragraph 2(4)(a)[F5, 6(4)(a) [F6, 7ZC(4)(a)] or 7C(4)(a)], direct the Mayor of London[F7, the combined authority [F8, the combined county authority] or the upper-tier county council] to modify the document in accordance with the direction;

(b)if he gives such a direction he must state his reasons for doing so.

(3)Where a direction is given under sub-paragraph (2)—

(a)the Mayor of London[F9, the combined authority [F10, the combined county authority] or the upper-tier county council] must comply with the direction;

(b)the document must not be adopted or approved unless the Secretary of State gives notice that the direction has been complied with.

(4)Sub-paragraph (3) does not apply if or to the extent that the direction under sub-paragraph (2) is withdrawn by the Secretary of State.

(5)At any time before a development plan document to which this paragraph applies is adopted under section 23, or approved under paragraph 2(4)(a)[F11, 6(4)(a) [F12, 7ZC(4)(a)] or 7C(4)(a)], the Secretary of State may direct that the document (or any part of it) is submitted to him for his approval.

(6)In relation to a document or part of a document submitted to him under sub-paragraph (5) the Secretary of State—

(a)may approve the document or part;

(b)may approve it subject to specified modifications;

(c)may reject it.

The Secretary of State must give reasons for his decision under this sub-paragraph.

(7)The Secretary of State may at any time—

(a)after a development plan document to which this paragraph applies has been submitted for independent examination, but

(b)before it is adopted under section 23 or approved under paragraph 2(4)(a)[F13, 6(4)(a) [F14, 7ZC(4)(a)] or 7C(4)(a)],

direct the Mayor of London[F15, the combined authority [F16, the combined county authority] or the upper-tier county council] to withdraw the document.

Textual Amendments

F2Word in Sch. A1 para. 8(1)(a) omitted (16.1.2018) by Neighbourhood Planning Act 2017 (c. 20), s. 46(1), Sch. 2 para. 5(2)(a); S.I. 2018/38, reg. 2(c)

F3Sch. A1 para. 8(1)(c) and preceding word inserted (16.1.2018) by Neighbourhood Planning Act 2017 (c. 20), s. 46(1), Sch. 2 para. 5(2)(b); S.I. 2018/38, reg. 2(c)

F5Words in Sch. A1 para. 8(2)(a) substituted (16.1.2018) by Neighbourhood Planning Act 2017 (c. 20), s. 46(1), Sch. 2 para. 5(3)(a); S.I. 2018/38, reg. 2(c)

F7Words in Sch. A1 para. 8(2)(a) substituted (16.1.2018) by Neighbourhood Planning Act 2017 (c. 20), s. 46(1), Sch. 2 para. 5(3)(b); S.I. 2018/38, reg. 2(c)

F9Words in Sch. A1 para. 8(3)(a) substituted (16.1.2018) by Neighbourhood Planning Act 2017 (c. 20), s. 46(1), Sch. 2 para. 5(4); S.I. 2018/38, reg. 2(c)

F11Words in Sch. A1 para. 8(5) substituted (16.1.2018) by Neighbourhood Planning Act 2017 (c. 20), s. 46(1), Sch. 2 para. 5(5); S.I. 2018/38, reg. 2(c)

F13Words in Sch. A1 para. 8(7)(b) substituted (16.1.2018) by Neighbourhood Planning Act 2017 (c. 20), s. 46(1), Sch. 2 para. 5(6)(a); S.I. 2018/38, reg. 2(c)

F15Words in Sch. A1 para. 8(7) substituted (16.1.2018) by Neighbourhood Planning Act 2017 (c. 20), s. 46(1), Sch. 2 para. 5(6)(b); S.I. 2018/38, reg. 2(c)

9(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[F17, the combined authority [F18, the combined county authority] or the upper-tier county council].

Textual Amendments

F17Words 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)

10E+WSubsections (4) to (7C) of section 20 apply to an examination held under paragraph 9(3)—

(a)with the reference to the local planning authority in subsection (7C) of that section being read as a reference to the Secretary of State, and

(b)with the omission of subsections (5)(c), (7)(b)(ii) and (7B)(b).

11E+WIn the exercise of any function under paragraph 8 or 9 the Secretary of State must have regard to the local development scheme.

12E+WThe Mayor of London[F19, the combined authority [F20, the combined county authority] or the upper-tier county council] must reimburse the Secretary of State for any expenditure incurred by the Secretary of State under paragraph 8 or 9 that is specified in a notice given by him to the Mayor[F21, the authority or the council].]

Textual Amendments

F19Words in Sch. A1 para. 12 substituted (16.1.2018) by Neighbourhood Planning Act 2017 (c. 20), s. 46(1), Sch. 2 para. 7(a); S.I. 2018/38, reg. 2(c)

F21Words in Sch. A1 para. 12 substituted (16.1.2018) by Neighbourhood Planning Act 2017 (c. 20), s. 46(1), Sch. 2 para. 7(b); S.I. 2018/38, reg. 2(c)

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