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Planning and Compulsory Purchase Act 2004

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Planning and Compulsory Purchase Act 2004, Paragraph 8 is up to date with all changes known to be in force on or before 12 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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[F18(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(4)Sub-paragraph (3) does not apply if or to the extent that the direction under sub-paragraph (2) is withdrawn by the Secretary of State.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)

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