Housing and Planning Act 2016

Section 147

SCHEDULE 11 Default powers exercisable by Mayor of London or combined authority: Schedule to be inserted in the Planning and Compulsory Purchase Act 2004

Section 27A

“SCHEDULE 1 Default powers exercisable by Mayor of London or combined authority

Default powers exercisable by Mayor of London

1 If the Secretary of State—

(a) thinks that a London borough council, in their capacity as local planning authority, are failing or omitting to do anything it is necessary for them to do in connection with the preparation, revision or adoption of a development plan document, and

(b) invites the Mayor of London to prepare or revise the document,

the Mayor of London may prepare or revise (as the case may be) the development plan document.

2 (1) This paragraph applies where a development plan document is prepared or revised by the Mayor of London under paragraph 1.

(2) The Mayor of London must hold an independent examination.

(3) The Mayor of London—

(a) must publish the recommendations and reasons of the person appointed to hold the examination, and

(b) may also give directions to the council in relation to publication of those recommendations and reasons.

(4) The Mayor of London may—

(a) approve the document, or approve it subject to specified modifications, as a local development document, or

(b) direct the council to consider adopting the document by resolution of the council as a local development document.

3 (1) Subsections (4) to (7C) of section 20 apply to an examination held under paragraph 2(2)—

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

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

(2) The Mayor of London must give reasons for anything he does in pursuance of paragraph 1 or 2(4).

(3) The council must reimburse the Mayor of London—

(a) for any expenditure that the Mayor incurs in connection with anything which is done by him under paragraph 1 and which the council failed or omitted to do as mentioned in that paragraph;

(b) for any expenditure that the Mayor incurs in connection with anything which is done by him under paragraph 2(2).

Default powers exercisable by combined authority

4 In this Schedule—

• “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

• “constituent planning authority”, in relation to a combined authority, means—

  (a)

  a county council, metropolitan district council or non-metropolitan district council which is the local planning authority for an area within the area of the combined authority, or

  (b)

  a joint committee established under section 29 whose area is within, or the same as, the area of the combined authority.

5 If the Secretary of State—

(a) thinks that a constituent planning authority are failing or omitting to do anything it is necessary for them to do in connection with the preparation, revision or adoption of a development plan document, and

(b) invites the combined authority to prepare or revise the document,

the combined authority may prepare or revise (as the case may be) the development plan document.

6 (1) This paragraph applies where a development plan document is prepared or revised by a combined authority under paragraph 5.

(2) The combined authority must hold an independent examination.

(3) The combined authority—

(a) must publish the recommendations and reasons of the person appointed to hold the examination, and

(b) may also give directions to the constituent planning authority in relation to publication of those recommendations and reasons.

(4) The combined authority may—

(a) approve the document, or approve it subject to specified modifications, as a local development document, or

(b) direct the constituent planning authority to consider adopting the document by resolution of the authority as a local development document.

7 (1) Subsections (4) to (7C) of section 20 apply to an examination held under paragraph 6(2)—

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

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

(2) The combined authority must give reasons for anything they do in pursuance of paragraph 5 or 6(4).

(3) The constituent planning authority must reimburse the combined authority—

(a) for any expenditure that the combined authority incur in connection with anything which is done by them under paragraph 5 and which the constituent planning authority failed or omitted to do as mentioned in that paragraph;

(b) for any expenditure that the combined authority incur in connection with anything which is done by them under paragraph 6(2).

Intervention by Secretary of State

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

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

(b) under paragraph 5 by a combined authority.

(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) or 6(4)(a), direct the Mayor of London or the combined 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.

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

(a) the Mayor of London or the combined authority 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) or 6(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) or 6(4)(a),

direct the Mayor of London or the combined authority to withdraw the document.

9 (1) This paragraph applies if the Secretary of State gives a direction under paragraph 8(5).

(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 or the combined authority.

10 Subsections (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).

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

12 The Mayor of London or the combined authority 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 or the authority.

Temporary direction pending possible use of intervention powers

13 (1) If the Secretary of State is considering whether to give a direction to the Mayor of London or a combined authority under paragraph 8 in relation to a development plan document, he may direct the Mayor or the authority not to take any step in connection with the adoption or approval of the document—

(a) until the time (if any) specified in the direction, or

(b) until the direction is withdrawn.

(2) A document to which a direction under this paragraph relates has no effect while the direction is in force.

(3) A direction given under this paragraph in relation to a document ceases to have effect if a direction is given under paragraph 8 in relation to that document.”