Part IIE+W Development Plans

Chapter IE+W Unitary Development Plans: Metropolitan Areas including London

Modifications etc. (not altering text)

C1Pt. II Ch. I (ss. 10-28): power to apply conferred (19.9.1995) by 1995 c. 25, ss. 67(2)(a)(4), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Pt. II Ch. 1 (ss. 10-28) amended (1.5.1994) by S.I. 1994/1210, art. 6(2)

Secretary of State’s powers concerning plansE+W

18 Calling in of unitary development plan for approval by Secretary of State.E+W

(1)After a copy of a unitary development plan has been sent to the Secretary of State under section 13(3) and before it is adopted by the local planning authority, the Secretary of State may direct that the whole or part of the plan shall be submitted to him for his approval.

(2)If such a direction is given—

(a)the authority shall not take any further steps for the adoption of the plan until the Secretary of State has given his decision on the plan or the relevant part of it; and

(b)the plan or the relevant part of it shall not have effect unless approved by him and shall not require adoption under the previous provisions of this Chapter.

(3)Where particulars of an objection to a unitary development plan have been sent to the Secretary of State under section 15(3), then, unless he is satisfied that the Minister of Agriculture, Fisheries and Food no longer objects to the plan, the Secretary of State must give a direction in respect of it under subsection (1).

(4)Subsection (2)(a) applies in particular to holding or proceeding with a local inquiry or other hearing in respect of the plan under section 16; and at any such inquiry or hearing which is subsequently held or resumed a local planning authority need not give any person an opportunity of being heard in respect of any objection which has been heard at an examination, local inquiry or other hearing under section 20 or which the Secretary of State states that he has considered in making his decision.