Planning and Compulsory Purchase Act 2004

[F1 12K Submission to Secretary of State before adoption E+W

(1) This section applies where—

(a) a draft spatial development strategy has been published under section 12H,

(b) the prescribed period for the making of representations (see section 12H(7)) has elapsed,

(c) either—

(i) the strategic planning authority that prepared the draft strategy has published the examiner’s report on it (see section 12I(9)), or

(ii) no examination of the draft strategy is needed because of a direction under section 12I(1), and

(d) the draft strategy has not been withdrawn (see section 12J).

(2) The strategic planning authority must—

(a) consider any representations received in accordance with regulations under section 12H(7) and decide whether to make any modifications as a result,

(b) if an examination was held, consider the examiner’s report and decide whether to make any modifications that the examiner recommends, and

(c) consider whether to make any other modifications to take account of—

(i) any national development management policies so far as material, or

(ii) any other material considerations.

(3) After such consideration and (if considered appropriate) modification, the strategic planning authority must submit the draft spatial development strategy to the Secretary of State, stating that the authority intends to adopt it.

(4) The strategic planning authority must inform the Secretary of State of—

(a) any modifications made to the published draft strategy, and the reasons for making them;

(b) any modifications to the published draft strategy that the examiner recommended but which the authority has not made, and the reasons for not making them.

(5) If the Secretary of State considers that a submitted spatial development strategy is—

(a) inconsistent with current national policies, or

(b) detrimental to the interests of an area outside the strategy area,

the Secretary of State may, within the relevant period, direct the strategic planning authority to make specified modifications of the strategy in order to deal with the inconsistency or detriment.

(6) In this section “the relevant period”, in relation to a spatial development strategy, means—

(a) the period of six weeks beginning with the date when the strategy was submitted to the Secretary of State, or

(b) such longer period as is specified by the Secretary of State in a direction given within the period specified in paragraph (a) to the authority that submitted the strategy.]

Textual Amendments

F1 Pt. 1A inserted (18.12.2025 for the purposes of making regulations, otherwise prosp.) by Planning and Infrastructure Act 2025 (c. 34), ss. 58(1), 118(2)(g) (with s. 116)