Planning and Compulsory Purchase Act 2004

Valid from 05/10/2005

65 Intervention by Assembly E+W

(1) If the Assembly thinks that a local development plan is unsatisfactory—

(a) it may at any time before the plan is adopted by the local planning authority direct them to modify the plan in accordance with the direction;

(b) if it gives such a direction it must state its reasons for doing so.

(2) The authority—

(a) must comply with the direction;

(b) must not adopt the plan unless the Assembly gives notice that it is satisfied that they have complied with the direction.

(3) But subsection (2) does not apply if the Assembly withdraws the direction.

(4) At any time before a local development plan is adopted by a local planning authority the Assembly may direct that the plan is submitted to it for its approval.

(5) The following paragraphs apply if the Assembly gives a direction under subsection (4)—

(a) the authority must not take any step in connection with the adoption of the plan until the Assembly gives its decision;

(b) if the direction is given before the authority have submitted the plan under section 64(1) the Assembly must hold an independent examination and section 64(4) to (7) applies accordingly;

(c) if the direction is given after the authority have submitted the plan the person appointed to carry out the examination must make his recommendations to the Assembly;

(d) the plan has no effect unless it has been approved by the Assembly.

(6) The Assembly must publish the recommendations made to it by virtue of subsection (5)(b) or (c) and the reasons of the person making the recommendations.

(7) In considering a plan submitted under subsection (4) the Assembly may take account of any matter which it thinks is relevant.

(8) It is immaterial whether any such matter was taken account of by the authority.

(9) The Assembly—

(a) may approve, approve subject to specified modifications or reject a plan submitted to it under subsection (4);

(b) must give reasons for its decision under paragraph (a).

(10) In the exercise of any function under this section the Assembly must have regard to the documents mentioned in paragraphs (a) and (b) of section 63(1).