Planning Act 2008

6 Review E+W+S

(1) The Secretary of State must review each national policy statement whenever the Secretary of State thinks it appropriate to do so.

(2) A review may relate to all or part of a national policy statement.

(3) In deciding when to review a national policy statement the Secretary of State must consider whether—

(a) since the time when the statement was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any of the policy set out in the statement was decided,

(b) the change was not anticipated at that time, and

(c) if the change had been anticipated at that time, any of the policy set out in the statement would have been materially different.

(4) In deciding when to review part of a national policy statement (“the relevant part”) the Secretary of State must consider whether—

(a) since the time when the relevant part was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any of the policy set out in the relevant part was decided,

(b) the change was not anticipated at that time, and

(c) if the change had been anticipated at that time, any of the policy set out in the relevant part would have been materially different.

(5) After completing a review of all or part of a national policy statement the Secretary of State must do one of the following—

(a) amend the statement;

(b) withdraw the statement's designation as a national policy statement;

(c) leave the statement as it is.

(6) Before amending a national policy statement the Secretary of State must carry out an appraisal of the sustainability of the policy set out in the proposed amendment.

(7) The Secretary of State may amend a national policy statement only if the consultation and publicity requirements set out in section 7, and the parliamentary requirements set out in section 9, have been complied with in relation to the proposed amendment [F1 and—

(a) the consideration period for the amendment has expired without the House of Commons resolving during that period that the amendment should not be proceeded with, or

(b) the amendment has been approved by resolution of the House of Commons—

(i) after being laid before Parliament under section 9(8), and

(ii) before the end of the consideration period.]

[F2 (7A) In subsection (7) “the consideration period”, in relation to an amendment, means the period of 21 sitting days beginning with the first sitting day after the day on which the amendment is laid before Parliament under section 9(8), and here “sitting day” means a day on which the House of Commons sits.]

(8) Subsections (6) [F3 to (7A)] do not apply if the Secretary of State thinks that the proposed amendment (taken with any other proposed amendments) does not materially affect the policy as set out in the national policy statement.

(9) If the Secretary of State amends a national policy statement, the Secretary of State must—

(a) arrange for the amendment, or the statement as amended, to be published, and

(b) lay the amendment, or the statement as amended, before Parliament.

Textual Amendments

F1 Words in s. 6(7) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 130(5), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F2 S. 6(7A) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 130(6), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F3 Words in s. 6(8) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 130(7), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

Commencement Information

I1 S. 6 in force at 6.4.2009 by S.I. 2009/400, art. 2