Explanatory Notes

Planning and Compulsory Purchase Act 2004

2004 CHAPTER 5

13th May 2004

Commentary on Sections

Part 2: Local Development

Section 21: Intervention by Secretary of State

44.Section 21 allows the Secretary of State, if he thinks an LDD is unsatisfactory, to direct a local planning authority to modify the LDD before it is adopted. It also allows the Secretary of State to direct that a development plan document or any part of it is submitted to him for his approval. If an independent examination of that document is already in process, the person appointed to carry out that examination is required, if he has not already made his recommendations, to report to the Secretary of State, who must publish the person’s recommendations. If the Secretary of State’s direction is given before the document has been submitted for examination, the Secretary of State is required to hold an examination.