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(6) Any person who makes representations seeking to change a development plan | |
document must (if he so requests) be given the opportunity to appear before | |
and be heard by the person carrying out the examination. | |
(7) The person appointed to carry out the examination must— | |
(a) make recommendations; | 5 |
(b) give reasons for the recommendations. | |
(8) The local planning authority must publish the recommendations. | |
20 Intervention by Secretary of State | |
(1) If the Secretary of State thinks that a local development document is | |
unsatisfactory he may at any time before the document is adopted under | 10 |
section 22 direct the local planning authority to modify the document in | |
accordance with the direction. | |
(2) The authority— | |
(a) must comply with the direction; | |
(b) must not adopt the document unless the Secretary of State gives notice | 15 |
that he is satisfied that they have complied with the direction. | |
(3) But subsection (2) does not apply if the Secretary of State withdraws the | |
direction. | |
(4) At any time before a development plan document is adopted by a local | |
planning authority the Secretary of State may direct that the document (or any | 20 |
part of it) is submitted to him for his approval. | |
(5) The following paragraphs apply if the Secretary of State gives a direction under | |
subsection (4)— | |
(a) the authority must not take any step in connection with the adoption of | |
the document until the Secretary of State gives his decision; | 25 |
(b) if the direction is given before the authority have submitted the | |
document under section 19(1) the Secretary of State must hold an | |
independent examination and section 19(4) to (7) applies accordingly; | |
(c) if the direction is given after the authority have submitted the | |
document but before the person appointed to carry out the examination | 30 |
has made his recommendations he must make his recommendations to | |
the Secretary of State; | |
(d) the document has no effect unless it or (if the direction relates to only | |
part of a document) the part has been approved by the Secretary of | |
State. | 35 |
(6) The Secretary of State must publish the recommendations made to him by | |
virtue of subsection (5)(b) or (c). | |
(7) In considering a document or part of a document submitted under subsection | |
(4) the Secretary of State may take account of any matter which he thinks is | |
relevant. | 40 |
(8) It is immaterial whether any such matter was taken account of by the authority. | |
(9) In relation to a document or part of a document submitted to him under | |
subsection (4) the Secretary of State— | |
(a) may approve, approve subject to specified modifications or reject the | |
document or part; | 45 |
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(b) must give reasons for his decision under paragraph (a). | |
(10) In the exercise of any function under this section the Secretary of State must | |
have regard to the local development scheme. | |
21 Withdrawal of local development document | |
(1) A local planning authority may at any time before a local development | 5 |
document is adopted under section 22 withdraw the document. | |
(2) But subsection (1) does not apply to a development plan document at any time | |
after the document has been submitted for independent examination under | |
section 19 unless— | |
(a) the person carrying out the examination recommends that the | 10 |
document is withdrawn and that recommendation is not overruled by | |
a direction given by the Secretary of State, or | |
(b) the Secretary of State directs that the document must be withdrawn. | |
22 Adoption of local development documents | |
(1) The local planning authority may adopt a local development document (other | 15 |
than a development plan document) either as originally prepared or as | |
modified to take account of— | |
(a) any representations made in relation to the document; | |
(b) any other matter they think is relevant. | |
(2) The authority may adopt a development plan document as originally prepared | 20 |
if the person appointed to carry out the independent examination of the | |
document recommends that the document as originally prepared is adopted. | |
(3) The authority may adopt a development plan document with modifications if | |
the person appointed to carry out the independent examination of the | |
document recommends the modifications. | 25 |
(4) The authority must not adopt a development plan document unless they do so | |
in accordance with subsection (2) or (3). | |
(5) A document is adopted for the purposes of this section if it is adopted by | |
resolution of the authority. | |
23 Conformity with regional strategy | 30 |
(1) The local development documents must be in general conformity with— | |
(a) the RSS (if the area of the local planning authority is in a region other | |
than London); | |
(b) the spatial development strategy (if the local planning authority are a | |
London borough). | 35 |
(2) A local planning authority whose area is in a region other than London— | |
(a) must request the opinion in writing of the RPB as to the general | |
conformity of a development plan document with the RSS; | |
(b) may request the opinion in writing of the RPB as to the general | |
conformity of any other local development document with the RSS. | 40 |
(3) Not later than the end of the period prescribed for the purposes of this section | |
the RPB must send its opinion to— | |
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(a) the Secretary of State; | |
(b) the local planning authority. | |
(4) A local planning authority which are a London borough— | |
(a) must request the opinion in writing of the Mayor of London as to the | |
general conformity of a development plan document with the spatial | 5 |
development strategy; | |
(b) may request the opinion in writing of the Mayor as to the general | |
conformity of any other local development document with the spatial | |
development strategy. | |
(5) Whether or not the local planning authority make a request mentioned in | 10 |
subsection (2) or (4) the RPB or the Mayor (as the case may be) may give an | |
opinion as to the general conformity of a local development document with the | |
RSS or the spatial development strategy (as the case may be). | |
(6) If in the opinion of the RPB a document is not in general conformity with the | |
RSS the RPB must be taken to have made representations seeking a change to | 15 |
the document. | |
(7) If in the opinion of the Mayor a document is not in general conformity with the | |
spatial development strategy the Mayor must be taken to have made | |
representations seeking a change to the document. | |
(8) But the Secretary of State may in any case direct that subsection (6) must be | 20 |
ignored. | |
(9) If at any time no body is recognised as the RPB under section 2 the functions of | |
the RPB under this section must be exercised by the Secretary of State and | |
subsections (3)(a), (6) and (8) of this section must be ignored. | |
24 Revocation of local development document | 25 |
The Secretary of State — | |
(a) may at any time revoke a local development document at the request of | |
the local planning authority; | |
(b) may prescribe descriptions of local development document which may | |
be revoked by the authority themselves. | 30 |
25 Revision of local development documents | |
(1) The local planning authority may at any time prepare a revision of a local | |
development document. | |
(2) The authority must prepare a revision of a local development document— | |
(a) if the Secretary of State directs them to do so, and | 35 |
(b) in accordance with such timetable as he directs. | |
(3) This Part applies to the revision of a local development document as it applies | |
to the preparation of the document. | |
(4) Subsection (5) applies if any part of the area of the local planning authority is | |
an area to which an enterprise zone scheme relates. | 40 |
(5) As soon as practicable after the occurrence of a relevant event— | |
(a) the authority must review every local development document in the | |
light of the enterprise zone scheme; | |
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(b) if they think that any modifications of the document are required in | |
consequence of the scheme they must prepare a revised document | |
containing the modifications. | |
(6) The following are relevant events— | |
(a) the making of an order under paragraph 5 of Schedule 32 to the Local | 5 |
Government, Planning and Land Act 1980 (c. 65) (designation of | |
enterprise zone); | |
(b) the giving of notification under paragraph 11(1) of that Schedule | |
(approval of modification of enterprise zone scheme). | |
(7) References to an enterprise zone and an enterprise zone scheme must be | 10 |
construed in accordance with that Act. | |
26 Secretary of State’s default power | |
(1) This section applies if the Secretary of State thinks that a local planning | |
authority are failing or omitting to do anything it is necessary for them to do in | |
connection with the preparation, revision or adoption of a development plan | 15 |
document. | |
(2) The Secretary of State must hold an independent examination and section 19(4) | |
to (7) applies accordingly. | |
(3) The Secretary of State must publish the recommendations of the person | |
appointed to hold the examination. | 20 |
(4) The Secretary of State may— | |
(a) prepare or revise (as the case may be) the document, and | |
(b) approve the document as a local development document. | |
(5) The authority must reimburse the Secretary of State for any expenditure he | |
incurs in connection with anything— | 25 |
(a) which is done by him under subsection (4), and | |
(b) which the authority failed or omitted to do as mentioned in subsection | |
(1). | |
27 Joint local development documents | |
(1) Two or more local planning authorities may agree to prepare one or more joint | 30 |
local development documents. | |
(2) This Part applies for the purposes of any step which may be or is required to | |
be taken in relation to a joint local development document as it applies for the | |
purposes of any step which may be or is required to be taken in relation to a | |
local development document. | 35 |
(3) For the purposes of subsection (2) anything which must be done by or in | |
relation to a local planning authority in connection with a local development | |
document must be done by or in relation to each of the authorities mentioned | |
in subsection (1) in connection with a joint local development document. | |
(4) Any requirement of this Part in relation to the RSS is a requirement in relation | 40 |
to the RSS for the region in which each authority mentioned in subsection (1) | |
is situated. | |
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(5) If the authorities mentioned in subsection (1) include one or more London | |
boroughs the requirements of this Part in relation to the spatial development | |
strategy also apply. | |
(6) Subsections (7) to (9) apply if a local planning authority withdraw from an | |
agreement mentioned in subsection (1). | 5 |
(7) Any step taken in relation to the document must be treated as a step taken by— | |
(a) an authority which were a party to the agreement for the purposes of | |
any corresponding document prepared by them; | |
(b) two or more other authorities who were parties to the agreement for the | |
purposes of any corresponding joint local development document. | 10 |
(8) Any independent examination of a local development document to which the | |
agreement relates must be suspended. | |
(9) If before the end of the period prescribed for the purposes of this subsection an | |
authority which were a party to the agreement request the Secretary of State to | |
do so he may direct that— | 15 |
(a) the examination is resumed in relation to the corresponding document; | |
(b) any step taken for the purposes of the suspended examination has | |
effect for the purposes of the resumed examination. | |
(10) A joint local development document is a local development document | |
prepared jointly by two or more local planning authorities. | 20 |
(11) The Secretary of State may by regulations make provision as to what is a | |
corresponding document. | |
Joint committees | |
28 Joint committees | |
(1) This section applies if one or more local planning authorities agree with one or | 25 |
more county councils in relation to any area of such a council for which there | |
is also a district council to establish a joint committee to be, for the purposes of | |
this Part, the local planning authority— | |
(a) for the area specified in the agreement; | |
(b) in respect of such matters as are so specified. | 30 |
(2) The Secretary of State may by order constitute a joint committee to be the local | |
planning authority— | |
(a) for the area; | |
(b) in respect of those matters. | |
(3) Such an order— | 35 |
(a) must specify the authority or authorities and county council or councils | |
(the constituent authorities) which are to constitute the joint committee; | |
(b) may make provision as to such other matters as the Secretary of State | |
thinks are necessary or expedient to facilitate the exercise by the joint | |
committee of its functions. | 40 |
(4) Provision under subsection (3)(b) -- | |
(a) may include provision corresponding to provisions relating to joint | |
committees in Part 6 of the Local Government Act 1972 (c. 70); | |
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(b) may apply (with or without modifications) such enactments relating to | |
local authorities as the Secretary of State thinks appropriate. | |
(5) If an order under this section is annulled in pursuance of a resolution of either | |
House of Parliament— | |
(a) with effect from the date of the resolution the joint committee ceases to | 5 |
be the local planning authority as mentioned in subsection (2); | |
(b) anything which the joint committee (as the local planning authority) | |
was required to do for the purposes of this Part must be done for their | |
area by each local planning authority which were a constituent | |
authority of the joint committee; | 10 |
(c) each of those local planning authorities must revise their local | |
development scheme accordingly. | |
(6) Nothing in this section or section 29 confers on a local planning authority | |
constituted by virtue of an order under this section any function in relation to | |
section 12 or 13. | 15 |
(7) The policies adopted by the joint committee in the exercise of its functions | |
under this Part must be taken for the purposes of the planning Acts to be the | |
policies of each of the constituent authorities which are a local planning | |
authority. | |
(8) Subsection (9) applies to any function— | 20 |
(a) which is conferred on a local planning authority (within the meaning of | |
the principal Act) under or by virtue of the planning Acts, and | |
(b) which relates to the authority’s local development scheme or local | |
development documents. | |
(9) If the authority is a constituent authority of a joint committee references to the | 25 |
authority’s local development scheme or local development documents must | |
be construed as including references to the scheme or documents of the joint | |
committee. | |
(10) For the purposes of subsection (4) a local authority is any of the following— | |
(a) a county council; | 30 |
(b) a district council; | |
(c) a London borough council. | |
29 Joint committees: additional functions | |
(1) This section applies if the constituent authorities to a joint committee agree that | |
the joint committee is to be, for the purposes of this Part, the local planning | 35 |
authority for any area or matter which is not the subject of— | |
(a) an order under section 28, or | |
(b) an earlier agreement under this section. | |
(2) Each of the constituent authorities and the joint committee must revise their | |
local development scheme in accordance with the agreement. | 40 |
(3) With effect from the date when the last such revision takes effect the joint | |
committee is, for the purposes of this Part, the local planning authority for the | |
area or matter mentioned in subsection (1). | |
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