Part III

Control over development

Local development orders

Intervention by Secretary of State or National Assembly
61B
1
At any time before a local development order is adopted by a local planning authority
in Wales,
the appropriate authority may direct that the order (or any part of it) is submitted to it for its approval.
2
If the appropriate authority gives a direction under subsection (1)—
a
the authority must not take any step in connection with the adoption of the order until the appropriate authority gives its decision;
b
the order has no effect unless it (or, if the direction relates to only part of an order, the part) has been approved by the appropriate authority.
3
In considering an order or part of an order submitted under subsection (1) the appropriate authority may take account of any matter which it thinks is relevant.
4
It is immaterial whether any such matter was taken account of by the local planning authority.
5
The appropriate authority—
a
may approve or reject an order or part of an order submitted to it under subsection (1);
b
must give reasons for its decision under paragraph (a).
6
If the appropriate authority thinks that a local development order
being prepared by a local planning authority in Wales
is unsatisfactory—
a
it may at any time before the order is adopted by the local planning authority direct them to modify it in accordance with the direction;
b
if it gives such a direction it must state its reasons for doing so.
7
The local planning authority—
a
must comply with the direction;
b
must not adopt the order unless the appropriate authority gives notice that it is satisfied that they have complied with the direction.
7A
Where a local development order is adopted by a local planning authority in England, that authority must submit a copy of the order to the appropriate authority as soon after the order's adoption as is reasonably practicable.
8
The appropriate authority—
a
may at any time by order revoke a local development order if it thinks it is expedient to do so;
b
must, if it revokes a local development order, state its reasons for doing so.
9
Subsections (3) to (6) of section 100 apply to an order under subsection (8) above as they apply to an order under subsection (1) of that section and for that purpose references to the Secretary of State must be construed as references to the appropriate authority.
10
The appropriate authority is—
a
the Secretary of State in relation to England;
b
the National Assembly for Wales in relation to Wales.
Pt. 3 (ss. 55-106) except ss. 76, 90(2)(5) applied (with modifications) (17.7.1992) by S.I. 1992/1492, regs. 2(1)(b), 3-11
Pt. 3 (ss. 55-106): power to modify conferred (10.11.1993) by 1993 c. 28, s. 171(1)(a); S.I. 1993/2762, art. 3
Pt. 3 (ss. 55-106) applied (5.11.1993) by 1993 c. 42, s. 24(1) (with ss. 2, 30(1), Sch. 2 para.9)
Pt. 3 (ss. 55-106) extended (1.11.1995) by 1995 c. 25, s. 96(2) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2
Pt. 3 (ss. 55-106) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2
Pt. 3 (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 9(1)(2)
Pt. 3 (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 51
Pt. 3 (ss. 55-106) modified (2.4.2004) by The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), art. 20(1)
Pt. 3 (ss. 55-106) modified (31.10.2005) by The London Thames Gateway Development Corporation (Planning Functions) Order 2005 (S.I. 2005/2721), art. 4
Pt. 3 (ss. 55-106) modified (25.11.2005) by The Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), art. 21(1) (with arts. 3(5), 15(3))
Pt. 3 (ss. 55-106) applied (7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 89, 121, Sch. 4 para. 3(2) (with s. 111); S.I. 2006/1281, art. 2
Pt. 3 (ss. 55-106) modified (22.11.2006) by The Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), art. 17(1) (with art. 43)
Pt. 3 (ss. 55-106) modified (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 18(1)
Ss. 61A-61C and preceding cross-heading inserted (6.8.2004 for certain purposes, 10.5.2006 for E. and otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 40(1), 121 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/ 1061, {art. 2}
Pt. 3 (ss. 55-106) modified (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), art. 25(2) (with art. 30)
Pt. 3 modified (23.8.2007) by The Docklands Light Railway (Capacity Enhancement and 2012 Games Preparation) Order 2007 (S.I. 2007/2297), art. 17(1) (with arts. 3(6), 12(3))
Pt. 3 modified (28.9.2007) by The London Gateway Logistics and Commercial Centre Order 2007 (S.I. 2007/2657), art. 27(1) (with art. 19, Sch. 3 para. 13(2))
Pt. 3 modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 10(1)
Pt. 3 modified (14.10.2008) by The Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), art. 34(1) (with art. 36(3))
Pt. 3 modified (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), art. 28(1)
Pt. 3 modified (27.8.2010) by The Llangollen and Corwen Railway Order 2010 (S.I. 2010/2136), art. 11(1)
Words in s. 61B(6) inserted (9.12.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 5(3)(b), 35(1); S.I. 2013/2878, art. 2 (with art. 3)
Pt. 3 modified (11.1.2023) by The Network Rail (Cambridge South Infrastructure Enhancements) Order 2022 (S.I. 2022/1406), arts. 1, 35(2) (with art. 34(2), Sch. 12 paras. 5, 47, 79)
Ss. 61B(1)-(7) excluded (E.) (9.12.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 5(2), 35(1); S.I. 2013/2878, art. 2 (with art. 3)
Pt. 3 applied (1.2.2011) by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I. 2011/41), arts. 1, 47(1) (with art. 51, Sch. 10 paras. 68, 85)
S. 61B(7A) inserted (9.12.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 5(4), 35(1); S.I. 2013/2878, art. 2 (with art. 3)
Pt. 3 modified (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 36(2)
Words in s. 61B(1) inserted (9.12.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 5(3)(a), 35(1); S.I. 2013/2878, art. 2 (with art. 3)
Pt. 3 applied (5.4.2017) by The Keuper Underground Gas Storage Facility Order 2017 (S.I. 2017/433), arts. 1, 38(2)