F1SCHEDULE A1Default powers exercisable by Mayor of London , combined authority , combined county authority or county council
Intervention by Secretary of State
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(1)
This paragraph applies to a development plan document that has been prepared or revised—
(a)
under paragraph 1 by the Mayor of London, F2...
(b)
under paragraph 5 by a combined authorityF3,
F4(ba)
under paragraph 7ZB by a combined county authority, or
(c)
under paragraph 7B by an upper-tier county council.
(2)
If the Secretary of State thinks that a development plan document to which this paragraph applies is unsatisfactory—
(a)
he may at any time before the document is adopted under section 23, or approved under paragraph 2(4)(a)F5, 6(4)(a) F6, 7ZC(4)(a) or 7C(4)(a), direct the Mayor of LondonF7, the combined authority F8, the combined county authority or the upper-tier county council to modify the document in accordance with the direction;
(b)
if he gives such a direction he must state his reasons for doing so.
(3)
Where a direction is given under sub-paragraph (2)—
(a)
(b)
the document must not be adopted or approved unless the Secretary of State gives notice that the direction has been complied with.
(4)
Sub-paragraph (3) does not apply if or to the extent that the direction under sub-paragraph (2) is withdrawn by the Secretary of State.
(5)
(6)
In relation to a document or part of a document submitted to him under sub-paragraph (5) the Secretary of State—
(a)
may approve the document or part;
(b)
may approve it subject to specified modifications;
(c)
may reject it.
The Secretary of State must give reasons for his decision under this sub-paragraph.
(7)
The Secretary of State may at any time—
(a)
after a development plan document to which this paragraph applies has been submitted for independent examination, but
(b)
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(1)
This paragraph applies if the Secretary of State gives a direction under paragraph 8(5).
(2)
No steps are to be taken in connection with the adoption or approval of the document until the Secretary of State gives his decision, or withdraws the direction.
(3)
If the direction is given, and not withdrawn, before the document has been submitted for independent examination, the Secretary of State must hold an independent examination.
(4)
If the direction—
(a)
is given after the document has been submitted for independent examination but before the person appointed to carry out the examination has made his recommendations, and
(b)
is not withdrawn before those recommendations are made,
the person must make his recommendations to the Secretary of State.
(5)
The document has no effect unless the document or (as the case may be) the relevant part of it has been approved by the Secretary of State, or the direction is withdrawn.
The “relevant part” is the part of the document that—
(a)
is covered by a direction under paragraph 8(5) which refers to only part of the document, or
(b)
continues to be covered by a direction under paragraph 8(5) following the partial withdrawal of the direction.
(6)
The Secretary of State must publish the recommendations made to him by virtue of sub-paragraph (3) or (4) and the reasons of the person making the recommendations.
(7)
In considering a document or part of a document submitted under paragraph 8(5) the Secretary of State may take account of any matter which he thinks is relevant.
(8)
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Subsections (4) to (7C) of section 20 apply to an examination held under paragraph 9(3)—
(a)
with the reference to the local planning authority in subsection (7C) of that section being read as a reference to the Secretary of State, and
(b)
with the omission of subsections (5)(c), (7)(b)(ii) and (7B)(b).
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In the exercise of any function under paragraph 8 or 9 the Secretary of State must have regard to the local development scheme.
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The Mayor of LondonF19, the combined authority F20, the combined county authority or the upper-tier county council must reimburse the Secretary of State for any expenditure incurred by the Secretary of State under paragraph 8 or 9 that is specified in a notice given by him to the MayorF21, the authority or the council.