Part 2

Local development

Documents

Modification or withdrawal of direction under section 28A
28C
1
The Secretary of State may modify or withdraw a direction under section 28A by notice in writing to the authorities to which it was given.
2
The Secretary of State must, when modifying or withdrawing a direction under section 28A, notify the local planning authorities to which it was given of the reasons for the modification or withdrawal.
3
The following provisions of this section apply if—
a
the Secretary of State withdraws a direction under section 28A, or
b
the Secretary of State modifies a direction under that section so that it ceases to apply to one or more of the local planning authorities to which it was given.
4
Any step taken in relation to the joint development plan document to which the direction related is to be treated as a step taken by—
a
a local planning authority to which the direction applied for the purposes of any corresponding document prepared by them, or
b
two or more local planning authorities to which the direction applied for the purposes of any corresponding joint development plan document prepared by them.
5
Any independent examination of a joint development plan document to which the direction related must be suspended.
6
If before the end of the period prescribed for the purposes of this subsection a local planning authority to which the direction applied request the Secretary of State to do so, the Secretary of State may direct that—
a
the examination is resumed in relation to—
i
any corresponding document prepared by a local planning authority to which the direction applied, or
ii
any corresponding joint development plan document prepared by two or more local planning authorities to which the direction applied, and
b
any step taken for the purposes of the suspended examination has effect for the purposes of the resumed examination.
7
The Secretary of State may by regulations make provision as to what is a corresponding document or a corresponding joint development plan document for the purposes of this section.
Pt. 2 modified (temp.) (28.11.2008) by Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008 (S.I. 2008/2867), regs. 1(1), 21(1), 23(2) (with reg. 1(2))
Ss. 28A-28C inserted (27.4.2017 for specified purposes, 16.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 9(2), 46(3); S.I. 2018/38, reg. 2(b)