SCHEDULES
F1SCHEDULE 6A Simplified Planning Zone Schemes
Power of Secretary of State to direct making or alteration of scheme
3
1
If a person requests a planning authority to make or alter a simplified planning zone scheme but the authority—
a
refuse to do so, or
b
do not within the period of three months from the date of the request decide to do so,
he may, subject to sub-paragraph (2), require them to refer the matter to the Secretary of State.
2
A person may not require the reference of the matter to the Secretary of State if—
a
in the case of a request to make a scheme, a simplified planning zone scheme relating to the whole or part of the land specified in the request has been adopted or approved within the twelve months preceding his request;
b
in the case of a request to alter a scheme, the scheme to which the request relates was adopted or approved, or any alteration to it has been adopted or approved, within that period.
3
The Secretary of State shall, as soon as practicable after a matter is referred to him—
a
send the authority a copy of any representations made to him by the applicant which have not been made to the authority, and
b
notify the authority that if they wish to make any representations in the matter they should do so, in writing, within 28 days.
4
The Secretary of State may, after—
a
considering the matter and any written representations made by the applicant or the authority, and
b
carrying out such consultations with such persons as he thinks fit,
give the authority a simplified planning zone direction.
5
The Secretary of State shall notify the applicant and the authority of his decision and of his reasons for it.
4
1
A simplified planning zone direction is—
a
if the request was for the making of a scheme, a direction to make a scheme which the Secretary of State considers appropriate; and
b
if the request was for the alteration of a scheme, a direction to alter it in such manner as he considers appropriate.
2
In either case the direction may extend to—
a
the land specified in the request to the authority,
b
any part of the land so specified, or
c
land which includes the whole or part of the land so specified;
and, accordingly, may direct that land shall be added to or excluded from an existing simplified planning zone.
Sch. 6A inserted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 26(2)(3), Sch. 6 Pt. III