Part II
Chapter II

Structure and Local Plans: Non-Metropolitan Areas

Local plans

Approval of proposals by Secretary of State.
45
1
The Secretary of State may after considering proposals submitted to him under section 44 either approve them (in whole or in part and with or without modifications or
reservations) or reject them.
2
In considering the proposals he may take into account any matters he thinks are relevant, whether or not they were taken into account in the proposals as submitted.
3
Where on taking the proposals into consideration the Secretary of State does not determine then to reject them, he shall before determining whether or not to approve
them—
a
consider any objections to them made in accordance with the
regulations,
b
give any person who made such an objection which has not been withdrawn an opportunity of appearing before and being heard by a person appointed by him for the purpose,
and
c
if a local inquiry or other hearing is held, also give such an opportunity to the authority and such other persons as he thinks fit,
except so far as the objections have already been considered, or a local inquiry or other hearing into the objections has already been held, by the authority.
4
In considering the proposals the Secretary of State may consult with or consider the views of any local planning authority or any other person; but he need not do so, or
give an opportunity for the making of representations or objections, or cause a local inquiry or other hearing to be held, except as provided by subsection (3).
5
Subject to section 287, proposals approved by the Secretary of State under this section shall become operative on such day as he may appoint.
Pt. II Chapter II (ss. 29-54): certain functions transferred to the Council of the Isles (Isles of Scilly) (27.7.1992) by S.I. 1992/1620, art. 3 (with arts. 4(b), 5(2), Sch. Pt. II)
Pt. II Ch. II (ss. 29-54): applied (with modifications) (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III para. 13(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2
Pt. II Ch. II (ss. 29-54): power to apply conferred (19.9.1995) by 1995 c. 25, ss. 67(2)(b)(4), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 6)
Ss. 32-40 substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) for ss. 32-41 by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para.17 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4
Word in s. 45(3)(a) inserted (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I 21(1) (with s. 84(5)); S.I. 1991/2728, art. 2, S.I. 1991/2905, art. 4
S. 45(5) inserted (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para. 21(2) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4
Pt. 2 (ss. 10-54A) repealed (6.8.2004 for certain purposes, 28.9.2004 for. E and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 120, 121, Sch. 9 (with s. 111); S.I. 2004/2097, art. 2, S.I. 2004/2202, {art. 2(k)}, Sch. 1 Pt. 1 (subject to transitional provisions and savings in art. 4, Sch. 2); S.I. 2005/2847, art. 2(g), Sch. 1 (subject to transitional provisions and savings in art. 3, Sch. 2); and ss. 12(3A), 31(3), 36(3) modified (1.4.2010) by S.I. 2010/490, reg. 39(2)