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Town and Country Planning Act 1990
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Changes over time for: Section 35A
Version Superseded: 28/09/2004
Alternative versions:
- 25/11/1991- Amendment
- 01/02/1996
Point in time - Stop date 28/09/2004- Amendment
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Point in time view as at 01/02/1996. This version of this provision has been superseded.
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Town and Country Planning Act 1990, Section 35A is up to date with all changes known to be in force on or before 16 November 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.
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35AF1Calling in of proposals for approval by Secretary of State.E+W
(1)The Secretary of State may, at any time before the local planning authority have adopted proposals for the alteration or replacement of a structure plan, direct that all or any part of the proposals shall be submitted to him for his approval.
(2)If he gives such a direction—
(a)the local planning authority shall not take any further steps for the adoption of any of the proposals until the Secretary of State has given his decision on the proposals or the relevant part of the proposals; and
(b)the proposals or the relevant part of the proposals shall not have effect unless approved by him and shall not require adoption by the authority under section 35.
(3)Subsection (2)(a) applies in particular to holding or proceeding with an examination in public under section 35B(1).
(4)The Secretary of State may, after considering proposals submitted to him in compliance with a direction under subsection (1)—
(a)approve them, in whole or in part and with or without modifications or reservations; or
(b)reject them.
(5)In considering proposals so submitted to him the Secretary of State—
(a)shall take into account any objections made in accordance with the regulations; and
(b)may take into account any matters which he thinks relevant, whether or not they were taken into account in preparing the proposals.
(6)For the purpose of taking into account any objection or matter, the Secretary of State may, but need not, consult with any local planning authority or other person.
(7)The Secretary of State shall give the authority such statement as he considers appropriate of the reasons governing his decision on any proposals submitted to him.
(8)Subject to section 287, proposals approved by the Secretary of State under this section shall become operative on such day as he may appoint.
Textual Amendments
F1Ss. 32-40 substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) for ss. 32-41 by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para.17 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4
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