Part 2 E+WLocal development

Modifications etc. (not altering text)

DocumentsE+W

21Intervention by Secretary of StateE+W

(1)If the Secretary of State thinks that a local development document is unsatisfactory—

(a)he may at any time before the document is adopted under section 23 direct the local planning authority to modify the document in accordance with the direction;

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

(2)The authority—

(a)must comply with the direction;

(b)must not adopt the document unless the Secretary of State gives notice that he is satisfied that they have complied with the direction.

(3)But subsection (2) does not apply if the Secretary of State withdraws the direction.

(4)At any time before a development plan document is adopted by a local planning authority the Secretary of State may direct that the document (or any part of it) is submitted to him for his approval.

(5)The following paragraphs apply if the Secretary of State gives a direction under subsection (4)—

(a)the authority must not take any step in connection with the adoption of the document until the Secretary of State gives his decision;

(b)if the direction is given before the authority have submitted the document under section 20(1) the Secretary of State must hold an independent examination and section 20(4) to (7) applies accordingly;

(c)if the direction is given after the authority have submitted the document but before the person appointed to carry out the examination has made his recommendations he must make his recommendations to the Secretary of State;

(d)the document has no effect unless it or (if the direction relates to only part of a document) the part has been approved by the Secretary of State.

(6)The Secretary of State must publish the recommendations made to him by virtue of subsection (5)(b) or (c) and the reasons of the person making the recommendations.

(7)In considering a document or part of a document submitted under subsection (4) 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 authority.

(9)In relation to a document or part of a document submitted to him under subsection (4) the Secretary of State—

(a)may approve, approve subject to specified modifications or reject the document or part;

(b)must give reasons for his decision under paragraph (a).

[F1(9A)The Secretary of State may at any time—

(a)after a development plan document has been submitted for independent examination under section 20, but

(b)before it is adopted under section 23,

direct the local planning authority to withdraw the document.]

(10)In the exercise of any function under this section the Secretary of State must have regard to the local development scheme.

Textual Amendments

F1S. 21(9A) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 112(5), 240(1)(h) (with s. 144)

Commencement Information

I1S. 21 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I2S. 21 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)