SCHEDULES

[F1 SCHEDULE A1 E+W Default powers exercisable by Mayor of London [F2 , combined authority or county council]

Textual Amendments

F1 Sch. A1 inserted (1.10.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 11; S.I. 2016/733, reg. 4(1)(e)

F2 Words in Sch. A1 heading substituted (16.1.2018) by Neighbourhood Planning Act 2017 (c. 20), s. 46(1), Sch. 2 para. 3; S.I. 2018/38, reg. 2(c)

Intervention by Secretary of State E+W

8 (1) This paragraph applies to a development plan document that has been prepared or revised— E+W

(a) under paragraph 1 by the Mayor of London, F3 ...

(b) under paragraph 5 by a combined authority[F4 , 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) or 7C(4)(a)], direct the Mayor of London[F6 , the combined 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) the Mayor of London[F7 , the combined authority or the upper-tier county council] must comply with the direction;

(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(4) Sub-paragraph (3) does not apply if or to the extent that the direction under sub-paragraph (2) is withdrawn by the Secretary of State.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) At any time before a development plan document to which this paragraph applies is adopted under section 23, or approved under paragraph 2(4)(a)[F8 , 6(4)(a) or 7C(4)(a)], the Secretary of State may direct that the document (or any part of it) is submitted to him for his approval.

(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) before it is adopted under section 23 or approved under paragraph 2(4)(a)[F9 , 6(4)(a) or 7C(4)(a)],

direct the Mayor of London[F10 , the combined authority or the upper-tier county council] to withdraw the document.]

Textual Amendments

F3 Word in Sch. A1 para. 8(1)(a) omitted (16.1.2018) by Neighbourhood Planning Act 2017 (c. 20), s. 46(1), Sch. 2 para. 5(2)(a); S.I. 2018/38, reg. 2(c)

F4 Sch. A1 para. 8(1)(c) and preceding word inserted (16.1.2018) by Neighbourhood Planning Act 2017 (c. 20), s. 46(1), Sch. 2 para. 5(2)(b); S.I. 2018/38, reg. 2(c)

F5 Words in Sch. A1 para. 8(2)(a) substituted (16.1.2018) by Neighbourhood Planning Act 2017 (c. 20), s. 46(1), Sch. 2 para. 5(3)(a); S.I. 2018/38, reg. 2(c)

F6 Words in Sch. A1 para. 8(2)(a) substituted (16.1.2018) by Neighbourhood Planning Act 2017 (c. 20), s. 46(1), Sch. 2 para. 5(3)(b); S.I. 2018/38, reg. 2(c)

F7 Words in Sch. A1 para. 8(3)(a) substituted (16.1.2018) by Neighbourhood Planning Act 2017 (c. 20), s. 46(1), Sch. 2 para. 5(4); S.I. 2018/38, reg. 2(c)

F8 Words in Sch. A1 para. 8(5) substituted (16.1.2018) by Neighbourhood Planning Act 2017 (c. 20), s. 46(1), Sch. 2 para. 5(5); S.I. 2018/38, reg. 2(c)

F9 Words in Sch. A1 para. 8(7)(b) substituted (16.1.2018) by Neighbourhood Planning Act 2017 (c. 20), s. 46(1), Sch. 2 para. 5(6)(a); S.I. 2018/38, reg. 2(c)

F10 Words in Sch. A1 para. 8(7) substituted (16.1.2018) by Neighbourhood Planning Act 2017 (c. 20), s. 46(1), Sch. 2 para. 5(6)(b); S.I. 2018/38, reg. 2(c)