PART 2LOCAL DEVELOPMENT PLANS

Local development plans

16Department's default powers

1

This section applies if the Department thinks that a council is failing or omitting to do anything it is necessary for it to do in connection with the preparation or revision of a development plan document.

2

The Department may—

a

prepare the document; or

b

revise the document.

3

The Department must give reasons for anything it does in pursuance of subsection (2).

4

The Department must cause an independent examination to be carried out by—

a

the planning appeals commission; or

b

a person appointed by the Department,

and section 10(5) to (8) applies accordingly.

5

The Department must publish the recommendations and reasons of the person appointed to hold the examination.

6

The Department must consider recommendations made in accordance with section 10(8) (as applied by subsection (4) of this section) and may approve the document with or without modification.

7

The council must reimburse the Department for any expenditure the Department incurs in connection with anything—

a

which is done by it under subsection (2), and

b

which the council failed or omitted to do as mentioned in subsection (1).