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Planning and Compulsory Purchase Act 2004

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Changes over time for: Section 28C

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Changes to legislation:

Planning and Compulsory Purchase Act 2004, Section 28C is up to date with all changes known to be in force on or before 22 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Section 28C:

  • specified provision(s) amendment to earlier commencing SI 2006/1061 art. 4 by S.I. 2010/321 art. 3
  • specified provision(s) amendment to earlier commencing SI 2007/1369 art. 3 by S.I. 2010/321 art. 4

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

[F128CModification or withdrawal of direction under section 28AE+W

This section has no associated Explanatory Notes

(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.]

Textual Amendments

F1Ss. 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)

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