Town and Country Planning Act 1990

Intervention powers of Secretary of State E+W

[F1 [F2 13B (1) This paragraph applies where the qualifying body requests the Secretary of State to intervene under this paragraph and—

(a) the local planning authority have failed, by the applicable date prescribed under paragraph 13A, to take a decision as to whether a referendum is (or referendums are) to be held on the making of a neighbourhood development order,

(b) a recommendation made under paragraph 10(2) is not followed by the authority, or

(c) the authority make any modification under paragraph 12(5) that is not—

(i) a modification recommended under paragraph 10(2)(b),

(ii) a modification that the authority consider needs to be made to secure that the draft order does not breach, and is otherwise compatible with, [F3 retained EU obligations],

(iii) a modification that the authority consider needs to be made to secure that the draft order is compatible with the Convention rights, or

(iv) a modification for the purpose of correcting an error.

(2) The Secretary of State may exercise functions of the local planning authority under paragraph 12(2) and (3) and—

(a) if satisfied that paragraph (a) or (b) of paragraph 12(4) applies, may direct the authority to make arrangements for a referendum (or referendums) to be held on the making of a neighbourhood development order;

(b) if not so satisfied, may direct the authority to refuse the proposal.

(3) The Secretary of State may direct the authority to take the actions referred to in paragraph 12(8) and (9).

(4) If by reason (wholly or partly) of new evidence or a new fact, or a different view taken by the Secretary of State as to a particular fact, the Secretary of State proposes to direct the local planning authority to act in a way that is not in accordance with what was recommended by the examiner—

(a) the Secretary of State may require the authority to notify prescribed persons of the proposed direction (and the reason for it) and invite representations;

(b) the Secretary of State may also require them to refer the issue to independent examination.

(5) The order on which a referendum is (or referendums are) to be held by virtue of sub-paragraph (2)(a) is the draft order subject to such modification (if any) as the Secretary of State or the local planning authority consider appropriate.

(6) The only modifications the local planning authority may make under sub-paragraph (5) are—

(a) modifications that the authority consider need to be made to secure that the draft order does not breach, and is otherwise compatible with, [F4 retained EU obligations],

(b) modifications that the authority consider need to be made to secure that the draft order is compatible with the Convention rights, and

(c) modifications for the purpose of correcting errors.]]

Textual Amendments

F1 Sch. 4B inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 116(2), 240(5)(j), Sch. 10; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F2 Sch. 4B paras. 13B, 13C and cross-heading inserted (1.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 141(1), 216(3); S.I. 2016/733, reg. 4(1)(b)

F3 Words in Sch. 4B para. 13B(1)(c)(ii) substituted (31.12.2020) by The Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1232), regs. 1(2), 2(4); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Sch. 4B para. 13B(6)(a) substituted (31.12.2020) by The Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1232), regs. 1(2), 2(4); 2020 c. 1, Sch. 5 para. 1(1)