Legalize / United Kingdom / Public General Act

Planning and Compulsory Purchase Act 2004

Type Public General Act

Publication 2004-05-13

Last updated 2026-04-16

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(3) In subsection (2)(a), the reference to any strategy, plan or policy published by a strategic planning authority includes a reference to any strategy, plan or policy published by a constituent authority of a strategic planning board.

12H

(1) A strategic planning authority that has prepared a draft spatial development strategy must—

(a) publish the draft strategy on the authority’s website,

(b) notify the persons specified in subsection (2) that the draft strategy has been published on the authority’s website, and

(c) make copies of the draft strategy available for inspection at the authority’s principal office and at any other place that the authority considers appropriate.

(2) The persons referred to in subsection (1)(b) are—

(a) the Secretary of State,

(b) any county council for an area that is within, or any part of which is within, the strategy area,

(d) any county council or district council for an area that adjoins the strategy area and is affected by the strategy,

(e) any local planning authority for an area that is wholly or partly within, or adjoins, the strategy area and is affected by the strategy,

(f) the person responsible for preparing a spatial development strategy for an area that adjoins the strategy area and is affected by the strategy,

(g) such other persons as may be prescribed, and

(h) such other persons as the strategic planning authority considers appropriate.

(3) In exercising its discretion under subsection (2)(h) the strategic planning authority must consider notifying (at least) the following about the publication of the draft spatial development strategy—

(a) voluntary bodies some or all of whose activities benefit the whole or part of the strategy area,

(b) bodies which represent the interests of different racial, ethnic or national groups in the strategy area,

(d) bodies which represent the interests of different persons carrying on business in the strategy area.

(4) Where a strategic planning authority—

(a) publishes a draft spatial development strategy as required by subsection (1)(a), or

(b) makes such a strategy available for inspection as required by subsection (1)(c),

the authority must also publish or make available a statement inviting representations to be made to the authority about the strategy.

(5) A notification of a person under subsection (1)(b) about a draft spatial development strategy must include an invitation to the person to make representations to the strategic planning authority about the strategy.

(6) An invitation to a person under subsection (4) or (5) must explain the effect of regulations under subsection (7).

(7) Representations must be made—

(a) in the prescribed form and manner;

(b) within the prescribed period.

(8) In subsection (1)—

(a) references to a strategic planning authority’s website include references to the website of a constituent authority of a strategic planning board;

(b) the reference to a strategic planning authority’s principal office includes a reference to the principal office of a constituent authority of a strategic planning board.

12I

(1) A strategic planning authority that has prepared a draft spatial development strategy must, unless the Secretary of State otherwise directs, make arrangements for an examination of the draft strategy to be held in public.

(2) Such an examination is to be conducted by a person appointed by the Secretary of State (the “examiner”).

(3) The matters examined at an examination are to be such matters affecting the consideration of the spatial development strategy as the examiner considers appropriate.

(4) The following may take part in an examination—

(a) the strategic planning authority that prepared the strategy, and

(b) any person invited to do so by the examiner.

(5) No person is to have a right to be heard at an examination.

(6) On conclusion of the examination, the examiner must make a report to the strategic planning authority that prepared the strategy.

(7) The report may recommend that specified modifications are made to the draft strategy before it is adopted.

(8) The report may recommend that the draft strategy is withdrawn.

(9) The strategic planning authority must publish the report.

12J

(1) A strategic planning authority may withdraw its draft spatial development strategy at any time before arrangements are made for its examination.

(2) Subsection (3) applies at any time after arrangements have been made for examination of a draft spatial development strategy (but before it is adopted).

(3) The strategic planning authority that prepared the draft strategy may withdraw it only if—

(a) the Secretary of State so directs, or

(b) the examiner recommends that it is withdrawn, and the Secretary of State has not directed that it is not to be withdrawn.

(4) The steps taken by a strategic planning authority to withdraw a draft strategy must include—

(a) deleting the strategy from the website on which it was published;

(b) removing copies of the strategy that were made available for inspection;

(i) each person to whom a notification under section 12H(1)(b) was required to be given;

(ii) any person, not within sub-paragraph (i), who made representations in accordance with regulations under section 12H(7).

12K

(1) This section applies where—

(a) a draft spatial development strategy has been published under section 12H,

(b) the prescribed period for the making of representations (see section 12H(7)) has elapsed,

(i) the strategic planning authority that prepared the draft strategy has published the examiner’s report on it (see section 12I(9)), or

(ii) no examination of the draft strategy is needed because of a direction under section 12I(1), and

(d) the draft strategy has not been withdrawn (see section 12J).

(2) The strategic planning authority must—

(a) consider any representations received in accordance with regulations under section 12H(7) and decide whether to make any modifications as a result,

(b) if an examination was held, consider the examiner’s report and decide whether to make any modifications that the examiner recommends, and

(i) any national development management policies so far as material, or

(ii) any other material considerations.

(3) After such consideration and (if considered appropriate) modification, the strategic planning authority must submit the draft spatial development strategy to the Secretary of State, stating that the authority intends to adopt it.

(4) The strategic planning authority must inform the Secretary of State of—

(a) any modifications made to the published draft strategy, and the reasons for making them;

(b) any modifications to the published draft strategy that the examiner recommended but which the authority has not made, and the reasons for not making them.

(5) If the Secretary of State considers that a submitted spatial development strategy is—

(a) inconsistent with current national policies, or

(b) detrimental to the interests of an area outside the strategy area,

the Secretary of State may, within the relevant period, direct the strategic planning authority to make specified modifications of the strategy in order to deal with the inconsistency or detriment.

(6) In this section “the relevant period”, in relation to a spatial development strategy, means—

(a) the period of six weeks beginning with the date when the strategy was submitted to the Secretary of State, or

(b) such longer period as is specified by the Secretary of State in a direction given within the period specified in paragraph (a) to the authority that submitted the strategy.

12L

(1) A spatial development strategy must not be adopted by a strategic planning authority unless it is in the form submitted to the Secretary of State under section 12K, subject to any modifications directed to be made under subsection (5) of that section.

(2) A spatial development strategy must not be adopted by a strategic planning authority unless—

(a) the relevant period (as defined in section 12K(6)) has elapsed,

(b) the authority has complied with any requirement of regulations under this Part for steps to be taken, or a period to elapse, before a strategy may be adopted, and

(c) if a direction was given to the authority under section 12K(5), the Secretary of State confirms that the Secretary of State is content with the modified strategy.

(3) A strategic planning authority must hold a vote on a resolution to adopt its spatial development strategy as soon as reasonably practicable after the conditions in subsection (2) are satisfied.

(4) Subsection (5) applies in relation to the adoption of a spatial development strategy by—

(a) a mayoral combined authority, or

(b) a mayoral combined county authority.

(5) In the event of a tied vote on whether to pass a resolution to adopt the strategy, the mayor of the authority has a casting vote (in addition to any other vote the mayor may have).

(6) A strategic planning authority that has adopted a spatial development strategy must publish the strategy together with a statement that it has been adopted.

(7) A spatial development strategy becomes operative when it is published.

Review, alteration and replacement of spatial development strategy

12M

(1) This section applies in relation to an operative spatial development strategy.

(2) A strategic planning authority must keep under review the matters which may be expected to affect the development of the strategy area or the planning of its development or which are otherwise relevant to the content of the strategy.

(3) In exercising functions under subsection (2), a strategic planning authority must—

(a) if the authority identifies matters to be kept under review that relate to the area of a local planning authority that is outside the strategy area, consult that local planning authority about those matters;

(b) if the authority identifies matters to be kept under review that relate to the area of a person responsible for preparing a spatial development strategy that is outside the strategy area, consult that person about those matters.

(4) A strategic planning authority must carry out a review of its spatial development strategy from time to time.

(5) The Secretary of State may direct a strategic planning authority to review all or specified parts of its spatial development strategy.

(6) A strategic planning authority must—

(a) monitor the implementation of its spatial development strategy, and

(b) monitor, and collect information about, matters relevant to the preparation, review, alteration, replacement or implementation of the strategy.

(7) The Secretary of State may make regulations imposing either or both of the following duties on each strategic planning authority that has an operative spatial development strategy—

(a) a duty to make prescribed information relating to the implementation of the authority’s strategy available to the public in such form and manner as may be prescribed;

(b) a duty to provide prescribed information relating to the implementation of the authority’s strategy to the Secretary of State in such form and manner as may be prescribed.

12N

(1) This section applies in relation to an operative spatial development strategy.

(2) A strategic planning authority may at any time prepare alterations of its strategy.

(3) The Secretary of State may direct a strategic planning authority to alter its spatial development strategy as specified in the direction.

(4) The Secretary of State may by regulations make provision as to when, or the circumstances in which, a strategic planning authority must alter its spatial development strategy.

(5) A spatial development strategy as altered must still conform to section 12D.

(6) Sections 12G to 12L apply in relation to the preparation and adoption of an alteration of a spatial development strategy as they apply in relation to the preparation and adoption of a spatial development strategy.

12O

(1) This section applies in relation to an operative spatial development strategy.

(2) A strategic planning authority may at any time prepare a new spatial development strategy as a replacement.

(3) The Secretary of State may direct a strategic planning authority to replace its spatial development strategy.

(4) The Secretary of State may by regulations make provision as to when, or the circumstances in which, a strategic planning authority must replace its spatial development strategy.

(5) A strategic planning authority’s operative spatial development strategy is revoked upon a new spatial development strategy being adopted by the authority in accordance with this Part.

Secretary of State’s intervention powers in relation to spatial development strategy

12P

(1) This section applies if the Secretary of State considers that—

(a) a strategic planning authority is failing to do anything it is necessary or expedient for it to do in connection with the preparation, adoption, alteration, replacement or review of a spatial development strategy,

(b) a spatial development strategy is, is going to be or may be—

(i) inconsistent with current national policies, or

(ii) detrimental to the interests of an area outside the strategy area, or

(i) inconsistent with current national policies, or

(ii) detrimental to the interests of an area outside the strategy area.

(2) The Secretary of State may—

(a) if the strategy is not operative, take over preparation of the strategy from the strategic planning authority;

(b) if the strategy is operative, alter the strategy;

(c) give a direction to the strategic planning authority in relation to the preparation, adoption, withdrawal, alteration, replacement, review or revocation of the strategy.

(3) The power of direction under subsection (2)(c) includes power to direct a strategic planning authority—

(a) to modify or withdraw its draft spatial development strategy;

(b) to alter or revoke its (operative) spatial development strategy.

(4) Subsections (5) to (12) apply if preparation of a spatial development strategy is taken over under subsection (2)(a).

(5) The Secretary of State must publish a document setting out—

(a) the timetable for preparing the strategy, and

(b) details of any departures from any existing spatial development strategy timetable.

(6) The Secretary of State must (or, if an examination of the draft strategy has already been held, may)—

(a) make arrangements for an examination of the draft strategy to be held in public, or

(b) direct the strategic planning authority to make arrangements for an examination of the draft strategy under section 12I.

(7) Subsections (2) to (8) of section 12I apply in relation to an examination held under subsection (6)(a), reading references to the strategic planning authority as references to the Secretary of State.

(8) The Secretary of State must either—

(a) publish the examiner’s report, or

(b) direct the strategic planning authority to publish it.

(9) The Secretary of State may then—

(a) approve the strategy,

(b) modify the strategy and approve it with the modifications,

(i) the strategy, or

(ii) the strategy as modified by the Secretary of State, or

(d) reject the strategy.

(10) If the Secretary of State gives a direction under subsection (9)(c), section 12L applies with the omission of subsections (1) and (2) of that section (and as if the reference in subsection (3) of that section to the conditions in subsection (2) being satisfied were a reference to the direction being received).

(11) If the Secretary of State approves a spatial development strategy under subsection (9)(a) or (b), the Secretary of State must either—

(a) publish the strategy, or

(b) direct the strategic planning authority to publish it.

(12) The spatial development strategy becomes operative when it is published.

(13) Subsections (5) to (12) (and the provisions applied by them) apply in relation to an alteration of a strategy under subsection (2)(b) as they apply to a strategy prepared under subsection (2)(a).

(14) The Secretary of State must give reasons for—

(a) whatever the Secretary of State does under subsection (2);

(b) the decision made under subsection (9).

(15) In the exercise of any function under this section the Secretary of State—

(a) may take account of any matter that the Secretary of State considers to be relevant (regardless of whether the matter was taken account of by the strategic planning authority), and

(b) must have regard to—

(i) the spatial development strategy timetable, and

(ii) the local plan timetable prepared by a local planning authority for an area that is wholly or partly within the strategy area.

(16) In subsection (15)(b)(ii) “local plan timetable” is to be construed in accordance with section 15B.

12Q

(1) This section applies in the event of a vote by a strategic planning authority against passing a resolution to adopt a spatial development strategy.

(2) The Secretary of State may, if the Secretary of State considers it appropriate—

(a) approve the strategy, or

(b) modify the strategy and approve it with the modifications.

(3) The powers in subsection (2) are exercisable—

(a) on the Secretary of State’s own initiative, or

(b) in the case of a strategy prepared by a mayoral combined authority or a mayoral combined county authority, if the mayor of the authority requests the Secretary of State to exercise those powers.

(4) The function of making a request as mentioned in subsection (3)(b) is exercisable only by the mayor (and may not be the subject of arrangements under section 107D(3) of the Local Democracy, Economic Development and Construction Act 2009 or section 30(3) of the Levelling-up and Regeneration Act 2023).

(5) The Secretary of State must give reasons to the strategic planning authority or (as the case may be) the mayor of the strategic planning authority—

(a) for anything the Secretary of State does under subsection (2), or

(b) if the Secretary of State declines to approve the strategy, for that decision.

(6) If the Secretary of State approves a spatial development strategy under subsection (2) the Secretary of State must either—

(a) publish the strategy, or

(b) direct the strategic planning authority to publish it.

(7) The spatial development strategy becomes operative when it is published.

(8) In making a decision under this section the Secretary of State may take account of any matter that the Secretary of State considers to be relevant (regardless of whether the matter was taken account of by the strategic planning authority).

12R

(1) The Secretary of State may require a strategic planning authority to reimburse the Secretary of State for any expenditure incurred by the Secretary of State in, or in connection with, exercising a function under section 12P or 12Q in relation to the authority’s spatial development strategy.

(2) Where the strategic planning authority is a strategic planning board, subsection (1) is to be read as giving power for the Secretary of State to require reimbursement of such expenditure from the constituent authorities of the board in such proportions as the Secretary of State considers just and reasonable.

12S

(1) If the Secretary of State is considering whether to take action under section 12P in relation to a spatial development strategy, the Secretary of State may direct the strategic planning authority responsible for the strategy not to take any step, or not to take a step specified in the direction, in connection with the strategy—

(a) until a time or event (if any) specified in the direction, or

(b) until the direction is revoked.

(2) A spatial development strategy to which such a direction relates is not operative while the direction is in force.

(3) A direction given under this section in relation to a strategy ceases to have effect if the Secretary of State—

(a) gives a direction under section 12P(2)(c) or (9)(c) in relation to the strategy, or

(b) approves the strategy under section 12P(9)(a) or (b).

Supplementary

12T

(1) The Secretary of State may by regulations make supplementary, incidental, transitional, transitory or saving provision for the purposes of strategic planning board regulations.

(2) Where, immediately before strategic planning board regulations establishing a strategic planning board come into force, a spatial development strategy is operative in relation to the area of a principal authority that is to be a constituent authority of the board, regulations under subsection (1) may include provision for that strategy to be treated, for the purposes of this Part or another enactment, as the operative spatial development strategy of the strategic planning board.

(3) Where a strategic planning board has an operative spatial development strategy immediately before strategic planning board regulations that revoke the regulations that established that board come into force, regulations under subsection (1) may include provision for that strategy to be treated, for the purposes of this Part or another enactment, as the operative spatial development strategy of a prescribed principal authority or authorities.

(4) In this section “strategic planning board regulations” means regulations under section 12B(2).

12U

(1) The Secretary of State may by regulations make provision in connection with the exercise by any person of a function conferred by or under this Part.

(2) The regulations may (among other things) make provision as to—

(a) the procedure to be followed in connection with the preparation, adoption, publication, review, withdrawal, alteration or replacement of a spatial development strategy or in connection with a review under section 12M(2);

(b) the remuneration and allowances payable to a person appointed to conduct a public examination (under section 12I or as mentioned in section 12P(6)(a));

(c) the supply of information or documents to the Secretary of State by a strategic planning authority for the purposes of any decision that the Secretary of State may make under this Part;

(d) the determination of the time by or at which anything must be done for the purposes of this Part;

(e) the manner of publication of any document required to be published under this Part;

(f) the making of reasonable charges for the provision of copies of documents required by or under this Part.

(3) Regulations under this Part may make different provision for different areas.

12V

(1) A direction given to a strategic planning authority under this Part may—

(a) require the authority to do specified things by specified dates;

(b) require the authority to keep the Secretary of State informed at specified intervals of the progress being made towards doing what the authority is directed to do.

(2) A direction under this Part must be given in writing.

(3) A direction under this Part may be varied or revoked by notice in writing to the strategic planning authority to which it was given.

(4) A direction under this Part must be published.

12W

(1) In this Part “spatial development strategy” means, as the context requires—

(a) a strategy adopted by a strategic planning authority under section 12L,

(b) a strategy approved by the Secretary of State under section 12P(9)(a) or (b) or 12Q(2)(a) or (b), or

(2) In sections 12B(4)(c), 12C(6)(b)(iv), 12H(2)(f) and 12M(3)(b)—

(a) “spatial development strategy” includes—

(i) the spatial development strategy for London,

(ii) a spatial development strategy adopted by a combined authority in accordance with regulations under section 105A of the Local Democracy, Economic Development and Construction Act 2009, and

(iii) a spatial development strategy adopted by a combined county authority in accordance with regulations under section 19 of the Levelling-up and Regeneration Act 2023; and

(b) “person responsible for preparing a spatial development strategy” is to be read accordingly.

(3) For the purposes of sections 12M to 12O, a spatial development strategy approved by the Secretary of State under a power specified in subsection (1)(b) is to be regarded as the spatial development strategy of the strategic planning authority in relation to which the power is exercised.

12X

(1) In this Part—

“combined authority” means a combined authority established under section 103(1) of the Local Democracy, Economic Development and Construction Act 2009;

“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

“constituent authority”, in relation to a strategic planning board, is to be construed in accordance with section 12B;

“examination” means an examination in public of a draft spatial development strategy as set out in section 12I, and “examiner” is to be construed accordingly;

“mayoral combined authority” has the meaning given by section 107A(8) of the Local Democracy, Economic Development and Construction Act 2009;

“mayoral combined county authority” has the meaning given by section 27(8) of the Levelling-up and Regeneration Act 2023;

“national development management policy” must be construed in accordance with section 38ZA;

“principal authority” has the meaning given by section 12A(7);

“spatial development strategy for London” means the strategy adopted by the Mayor of London under Part 8 of the Greater London Authority Act 1999;

“spatial development strategy timetable” has the meaning given by section 12E;

“strategic planning authority” has the meaning given by section 12A;

“strategic planning board” has the meaning given by section 12B;

“strategy area” has the meaning given by section 12A(4);

“unitary authority” means—a county council for an area that does not include the areas of district councils, ora district council for an area that does not form part of the area of a county council;

“upper-tier county council” means a county council for an area that includes the areas of district councils.

(2) In this Part—

(a) “local planning authority” has the same meaning as in Part 2 (see section 15LF);

(b) references to a local planning authority’s area are to the area for which they are the local planning authority in accordance with that Part.

Plan timetables

15B

(1) Each local planning authority must prepare and maintain a document to be known as their “local plan timetable”.

(2) The local plan timetable must specify—

(a) the matters which the authority’s local plan for their area is to deal with,

(b) the geographical area to which the authority’s local plan is to relate,

(d) the subject matter and geographical area, site or sites to which each of those supplementary plans is to relate,

(e) how the authority propose to comply with the requirement in section 15F(1) (requirement in relation to design code),

(f) whether the authority’s local plan for their area is to be a joint local plan and, if so, each other local planning authority for whose area the joint local plan is to be their local plan,

(g) whether the authority are to prepare a joint supplementary plan and, if so, each other local planning authority who are to prepare that joint supplementary plan with them,

(h) any matter or area in respect of which the authority have agreed (or propose to agree) to the constitution of a joint committee under section 15J, and

(i) a timetable for the preparation of the authority’s local plan for their area, and any supplementary plans the authority are to make, which is consistent with this Part and any regulations made under it.

(3) If the local planning authority’s local plan for their area is to be a joint local plan, or the authority is to prepare one or more joint supplementary plans, the timetable for each joint plan, specified in the local plan timetable in accordance with subsection (2)(i), must be consistent with the timetable for that plan in the local plan timetable prepared by each other local planning authority who are to prepare that plan.

(4) If the local planning authority are a minerals and waste planning authority, the local plan timetable may incorporate the authority’s minerals and waste plan timetable.

(5) The Secretary of State may prescribe—

(a) the form and content of the local plan timetable;

(b) further matters which the local plan timetable must deal with.

(6) If a local planning authority have not prepared a local plan timetable, the Secretary of State or the Mayor of London may—

(a) prepare a local plan timetable for the authority, and

(b) direct the authority to bring that timetable into effect.

(7) The Secretary of State or the Mayor of London may direct the local planning authority to make such amendments to the local plan timetable as the Secretary of State or (as the case may be) Mayor thinks appropriate for the purpose of ensuring full and effective coverage (both geographically and with regard to subject matter) of the authority’s area by the development plan for that area.

(8) To bring the local plan timetable into effect, the local planning authority must publish it, together with a statement that the timetable is to have effect.

(9) Once the local plan timetable has effect, the local planning authority must comply with it.

(10) The Secretary of State may by regulations make provision as to when, or the circumstances in which, a local planning authority must revise their local plan timetable (and that provision may confer a power to direct that a local plan timetable is to be revised).

(11) Subsections (1) to (9) and section 15BA apply to the revision of a local plan timetable as they apply to the preparation of a local plan timetable.

(12) For further provision about directions under subsection (6) or (7), see section 15BA.

15BA

(1) The Mayor of London—

(a) may give a direction under section 15B(6) or (7) only if the local planning authority are a London borough council, and

(b) in considering whether to give such a direction, and which amendments to include in the direction, must have regard to any guidance issued by the Secretary of State.

(2) A direction under section 15B(6) or (7) must contain the Secretary of State’s, or (as the case may be) the Mayor of London’s, reasons for giving it.

(3) If at any time the Mayor of London gives a direction under section 15B(6) or (7)—

(a) the Mayor must at that time send a copy of the direction to the Secretary of State, and

(b) the direction is not to be given effect until such time as may be prescribed.

(4) The Secretary of State may, within such time as may be prescribed, direct the local planning authority—

(a) to disregard a direction given under section 15B(6) or (7) by the Mayor of London, or

(b) to give effect to the direction with such modifications as may be specified in the Secretary of State’s direction.

(5) Such a direction must contain the Secretary of State’s reasons for giving it.

(6) If at any time the Secretary of State gives a direction under subsection (4), the Secretary of State must at that time send a copy of the direction to the Mayor of London.

(7) Section 38(1) of the Greater London Authority Act 1999 (delegation of functions by the Mayor) does not apply to the Mayor of London’s functions under section 15B(6) or (7) of giving a direction.

15BB

(1) Each minerals and waste planning authority must prepare and maintain a document to be known as their “minerals and waste plan timetable”.

(2) The minerals and waste plan timetable must specify—

(a) the matters which will be dealt with by the minerals and waste plan for the relevant area,

(b) the geographical area to which the authority’s minerals and waste plan is to relate,

(d) the subject matter and geographical area, site or sites to which each supplementary plan is to relate,

(e) whether the minerals and waste plan for the authority’s area is to be a joint minerals and waste plan and, if so, each other minerals and waste planning authority for whose relevant area the joint minerals and waste plan is to be the minerals and waste plan,

(f) whether the authority are to prepare a joint supplementary plan and, if so, each other minerals and waste planning authority who are to prepare that joint supplementary plan with them, and

(g) a timetable for the preparation of the minerals and waste plan for the relevant area, and any supplementary plans the authority are to make, which is consistent with this Part and any regulations made under it.

(3) If the minerals and waste plan for the relevant area is to be a joint minerals and waste plan, or the authority is to prepare one or more joint supplementary plans, the timetable for each joint plan, specified in the minerals and waste plan timetable in accordance with subsection (2)(g), must be consistent with the timetable for that plan in the minerals and waste plan timetable prepared by each other minerals and waste planning authority who are to prepare that plan.

(4) Sections 15B(5) to (12), 15BA and 15LE apply in relation to a minerals and waste plan timetable as they apply in relation to a local plan timetable and for that purpose—

(a) references to a local plan timetable are to be read as references to a minerals and waste plan timetable,

(b) references to a local plan are to be read as references to a minerals and waste plan,

(c) references to a local planning authority are to be read as references to a minerals and waste planning authority, and

(d) references to a local planning authority’s area are to be read as references to a minerals and waste planning authority’s relevant area.

(5) In this section “joint minerals and waste plan” means a minerals and waste plan prepared jointly by two or more minerals and waste planning authorities for their combined relevant areas under sections 15I and 15IA (as applied by section 15CB(8)).

Local, minerals and waste and supplementary plans

15C

(1) Each local planning authority must prepare a document to be known as their “local plan”.

(2) Only one local plan may have effect in relation to a local planning authority’s area at any one time.

(3) The local plan must set out policies of the local planning authority (however expressed) in relation to the amount, type and location of, and timetable for, development in the local planning authority’s area.

(4) The local plan may include—

(a) other policies (however expressed) in relation to the use or development of land in the local planning authority’s area which are designed to achieve objectives that relate to the particular characteristics or circumstances of their area, any part of their area or one or more specific sites in their area;

(b) details of any infrastructure requirements, or requirements for affordable housing, to which development in accordance with the policies, included in the plan under subsection (3) or paragraph (a) of this subsection, would give rise;

(c) requirements with respect to design that relate to development, or development of a particular description, throughout the local planning authority’s area, in any part of their area or at one or more specific sites in their area, which the local planning authority consider should be met for planning permission for the development to be granted.

(5) The Secretary of State may prescribe further matters which the local plan may, or must, deal with.

(6) The local plan must be designed to secure that the use and development of land in the local planning authority’s area contribute to the mitigation of, and adaptation to, climate change.

(7) The local plan must take account of any local nature recovery strategy that relates to all or part of the local planning authority’s area, including in particular—

(a) the areas identified in the strategy as areas which—

(i) are, or could become, of particular importance for biodiversity, or

(ii) are areas where the recovery or enhancement of biodiversity could make a particular contribution to other environmental benefits,

(b) the priorities set out in the strategy for recovering or enhancing biodiversity, and

(8) The local plan must take account of an assessment of the amount, and type, of housing that is needed in the local planning authority’s area, including the amount of affordable housing that is needed.

(9) The local plan must not—

(a) include anything that is not permitted or required by or under subsections (3) to (5) or (10) or regulations under section 15CA(8)(a), or

(b) be inconsistent with or (in substance) repeat any national development management policy.

(10) References in this section to development do not include minerals and waste development, but where the local planning authority is the minerals and waste planning authority for any part of their area, their local plan may incorporate all or part of their minerals and waste plan.

15CA

(1) A local plan must be prepared in accordance with the local planning authority’s local plan timetable.

(2) A local plan must be in general conformity with the spatial development strategy, if one is operative in relation to the area of the local planning authority.

(3) The local planning authority must, at such times as may be prescribed, seek observations or advice in relation to a proposed local plan, from a person appointed by the Secretary of State.

(4) The Secretary of State may require the local planning authority to—

(a) reimburse the Secretary of State for any expenditure incurred by the Secretary of State in, or in connection with, appointing a person under subsection (3), or

(b) pay any fees and expenses of a person appointed by the Secretary of State under subsection (3).

(5) The local planning authority must, as soon as is reasonably practicable, publish any observations or advice they receive from a person appointed by the Secretary of State under subsection (3).

(6) In preparing their local plan, a local planning authority must have regard to—

(a) any observations or advice received from a person appointed by the Secretary of State under subsection (3),

(b) any responses to a consultation, provided for in regulations under section 15LE, in connection with the preparation of the local plan,

(d) other national policies and advice contained in guidance issued by the Secretary of State,

(e) the National Planning Framework for Scotland, if any part of the authority’s area adjoins Scotland,

(f) the National Development Framework for Wales, if any part of the authority’s area adjoins Wales,

(g) any other part of the development plan for the authority’s area which has effect,

(h) any neighbourhood priorities statement—

(i) which has effect for part of the authority’s area, and

(ii) to which the authority has not already had regard in preparing another local plan previously adopted or approved under this Part, and

(i) such other matters as the Secretary of State prescribes.

(7) A local plan has effect only in so far as it or any part of it is adopted or approved under this Part.

(8) Regulations made by the Secretary of State may—

(a) prescribe the form and content of a local plan;

(b) make provision as to any further documents which must be prepared by the authority in connection with the preparation of a local plan (including the form and content of such documents);

(d) prescribe documents or information which must be provided by the local planning authority to a person appointed by the Secretary of State under subsection (3) (including the form and content of such documents);

(e) prescribe the form and content of observations or advice provided under subsection (3);

(f) prescribe when the local planning authority is to have regard to something mentioned in subsection (6);

(g) prescribe when any step in, or in connection with, the preparation of the local plan must be taken;

(h) make provision as to when, or in what circumstances, a new local plan is to be prepared to replace the existing one.

15CB

(1) Each minerals and waste planning authority must, in respect of their relevant area, prepare one or more documents which are to be known collectively as their “minerals and waste plan”.

(2) The minerals and waste plan must set out policies of the minerals and waste planning authority (however expressed) in relation to the amount, type and location of, and timetable for, minerals and waste development, in the relevant area.

(3) The minerals and waste plan may include—

(a) other policies (however expressed) in relation to—

(i) minerals and waste development in the relevant area, which are designed to achieve objectives that relate to the particular characteristics or circumstances of that area, any part of that area or one or more specific sites in that area;

(ii) development other than minerals and waste development, which are designed to secure that minerals and waste development in the relevant area can take place;

(b) details of any infrastructure requirements to which minerals and waste development in accordance with the policies, included in the plan under subsection (2) or paragraph (a) of this subsection, would give rise.

(4) The Secretary of State may prescribe further matters relating to minerals and waste development which the minerals and waste plan may, or must, deal with.

(5) The minerals and waste plan must be designed to secure that minerals and waste development in the relevant area contributes to the mitigation of, and adaptation to, climate change.

(6) The minerals and waste plan must take account of any local nature recovery strategy that relates to all or part of the relevant area, including in particular—

(a) the areas identified in the strategy as areas which—

(i) are, or could become, of particular importance for biodiversity, or

(ii) are areas where the recovery or enhancement of biodiversity could make a particular contribution to other environmental benefits,

(b) the priorities set out in the strategy for recovering or enhancing biodiversity, and

(7) The minerals and waste plan must not—

(a) include anything that is not permitted or required by or under subsections (2) to (4) or regulations under section 15CA(8)(a) (as applied by subsection (8)), or

(b) be inconsistent with or (in substance) repeat any national development management policy.

(8) This Part applies in relation to a minerals and waste plan as it applies in relation to a local plan and for that purpose—

(a) references to a local plan timetable are to be read as references to a minerals and waste plan timetable,

(b) references to a local plan are to be read as references to a minerals and waste plan,

(c) references to a local planning authority are to be read as references to a minerals and waste planning authority, and

(d) references to a local planning authority’s area are to be read as references to a minerals and waste planning authority’s relevant area.

(9) Subsection (8) is subject to such modifications of this Part, as it applies in relation to a minerals and waste plan, as may be prescribed.

(10) Subsection (8) does not apply to—

(a) sections 15B and 15BA;

(b) section 15C;

(d) sections 15J to 15JB;

(e) section 15LB(2);

(f) sections 15LC(3)(c) and 15LD.

15CC

(1) Each relevant plan-making authority may prepare one or more documents, each of which is to be known as a “supplementary plan”.

(2) A supplementary plan prepared by the Mayor of London may include requirements with respect to design that relate to development, or development of a particular description, throughout Greater London, which the Mayor considers should be met for planning permission for the development to be granted.

(3) A supplementary plan prepared by a local planning authority may include—

(a) policies (however expressed) in relation to the amount, type and location of, or timetable for, development at a specific site in their area or at two or more specific sites in their area which the authority consider to be nearby to each other;

(b) other policies (however expressed) in relation to the use or development of land in the local planning authority’s area which are designed to achieve objectives that relate to the particular characteristics or circumstances of a specific site in their area or two or more specific sites in their area which the authority consider to be nearby to each other;

(c) details of any infrastructure requirements, or requirements for affordable housing, to which development in accordance with any policies, included in the plan under paragraph (a) or (b), would give rise;

(d) requirements with respect to design that relate to development, or development of a particular description, throughout the local planning authority’s area, in any part of their area or at one or more specific sites in their area, which the local planning authority consider should be met for planning permission for the development to be granted.

(4) References in subsection (3) to development do not include minerals and waste development.

(5) A supplementary plan prepared by a minerals and waste planning authority may include—

(a) policies (however expressed) in relation to the amount, type and location of, or timetable for, minerals and waste development at one or more specific sites in the relevant area or at two or more specific sites in that area which the authority consider to be nearby to each other;

(b) other policies (however expressed) in relation to—

(i) minerals and waste development in the relevant area which are designed to achieve objectives that relate to the particular characteristics or circumstances of a specific site in that area or two or more specific sites in that area which the authority consider to be nearby to each other;

(ii) development other than minerals and waste development, which are designed to secure that minerals and waste development can take place at a specific site in the relevant area or two or more specific sites in that area which the authority consider to be nearby to each other;

(c) details of any infrastructure requirements to which minerals and waste development in accordance with any policies, included in the plan under paragraph (a) or (b), would give rise.

(6) The Secretary of State may prescribe further matters which a supplementary plan may include.

(7) A supplementary plan must be in general conformity with the spatial development strategy, if one is operative in relation to the area or a site to which the plan relates.

(8) In preparing a supplementary plan, the relevant plan-making authority must have regard to any other part of the development plan which has effect for the area or a site to which the plan relates.

(9) So far as the relevant plan-making authority consider appropriate, having regard to the subject matter of the supplementary plan, the plan must—

(a) be designed to secure that the development and use of land in the authority’s area contribute to the mitigation of, and adaptation to, climate change, and

(b) take account of any local nature recovery strategy which relates to all or part of the area to which the plan relates or to an area in which a site to which the plan relates is located, including in particular—

(i) the areas identified in the strategy as areas which—

(A) are, or could become, of particular importance for biodiversity, or

(B) are areas where the recovery or enhancement of biodiversity could make a particular contribution to other environmental benefits,

(ii) the priorities set out in the strategy for recovering or enhancing biodiversity, and

(iii) the proposals set out in the strategy as to potential measures relating to those priorities.

(10) A supplementary plan must not—

(a) include anything which is not permitted or required by or under subsections (2) to (6), or

(b) be inconsistent with or (in substance) repeat any national development management policy.

(11) The Secretary of State may by regulations make provision about the preparation, withdrawal or revision of supplementary plans.

(12) Regulations under subsection (11)—

(a) may apply, or make provision corresponding to, any provision made by or under this Part in relation to the preparation, withdrawal or revision of a local plan, with or without modifications;

(b) must require a proposed supplementary plan to be the subject of consultation with the public.

(13) A supplementary plan has effect only in so far as it or any part of it is adopted or approved under this Part.

Examination of plans

15D

(1) A local planning authority must submit their proposed local plan to the Secretary of State for independent examination if a person appointed by the Secretary of State under section 15CA(3) advises that the prescribed requirements are met in relation to the plan.

(2) The authority must also send or make available to the Secretary of State (in addition to the local plan) such other documents (or copies of documents) and such information as is prescribed.

(3) The Secretary of State may prescribe the manner in which the local plan, or any document or information to be sent under subsection (2), is to be sent.

(4) The examination must be carried out by a person appointed by the Secretary of State (“the examiner”).

(5) The purpose of the independent examination is to determine whether it is reasonable to conclude that the local plan is sound.

(6) Any person who makes representations in relation to the local plan must (if that person so requests) be given the opportunity to appear before and be heard by the examiner.

(7) At any time before the examiner makes a recommendation under any of the following subsections, if the examiner considers that—

(a) certain matters need to be dealt with in order for it to become reasonable to conclude that the local plan is sound, and

(b) those matters could be dealt with by pausing the examination under section 15DA for further work to be carried out,

the examiner may decide that the examination is to be so paused.

(8) The Secretary of State may by notice to the examiner—

(a) direct the examiner not to take any step, or any further step, in connection with the examination of the local plan, or of a specified part of it, until a specified time or until the direction is withdrawn;

(b) require the examiner—

(i) to consider any specified matters;

(ii) to give an opportunity, or further opportunity, to specified persons to appear before and be heard by the examiner;

(iii) to take any specified procedural step in connection with the examination.

In this subsection “specified” means specified in the notice.

(9) Where the examiner—

(a) has carried out the examination, and

(b) considers that, in all the circumstances, it would be reasonable to conclude that the local plan is sound,

the examiner must recommend that the local plan is adopted and give reasons for the recommendation.

(10) Subsections (11) and (12) apply where the examiner—

(a) has carried out the examination, and

(b) is not required by subsection (9) to recommend that the local plan is adopted.

(11) If the examiner considers that, if certain modifications were made to the local plan, it would become reasonable to conclude that the plan is sound, the examiner must—

(a) recommend that those modifications are made and that the plan is then adopted, and

(b) give reasons for the recommendation.

(12) If the examiner is not required by subsection (11) to recommend that the local plan is adopted with modifications and the examination is not paused or to be paused under section 15DA, the examiner must—

(a) recommend that the local plan is withdrawn, and

(b) give reasons for the recommendation.

(13) The local planning authority must publish the recommendations and reasons they receive under this section.

15DA

(1) This section applies if the examiner decides under section 15D(7) that the examination under that section is to be paused under this section for further work to be carried out.

(2) The examiner must notify the local planning authority and the Secretary of State—

(a) that the examiner has taken that decision,

(b) of the matters which the examiner considers need to be dealt with in order for it to become reasonable to conclude that the local plan is sound, and

(3) The pause period may not—

(a) begin earlier than the day on which notice is given to the local planning authority under subsection (2), nor

(b) be longer than such period as may be prescribed

(4) The examination under section 15D is suspended at the beginning of the pause period.

(5) During the pause period, the local planning authority must take steps to deal with the matters notified to them under subsection (2)(b).

(6) Before the end of the pause period, the local planning authority must send to the examiner—

(a) a document—

(i) setting out what the authority have done during the pause period to deal with the matters notified to them under subsection (2)(b), and

(ii) setting out any modifications to the local plan that the authority propose to make in order to make it sound or stating that the authority do not propose to make any such modifications, and

(b) any further evidence as to the soundness of the plan which the local planning authority may have.

(7) The local planning authority must publish the document and any evidence sent under subsection (6).

(8) If the examiner considers, at the end of the pause period, that the matters notified to the local planning authority under subsection (2)(b) have not been dealt with, with the result that there is no prospect of it becoming reasonable to conclude that the local plan is sound, the examiner must—

(a) recommend that the local plan is withdrawn, and

(b) give reasons for the recommendation.

(9) If the examiner does not make a recommendation under subsection (8), the examination under section 15D is resumed.

(10) The local planning authority must publish any recommendation and reasons they receive under this section.

15DB

(1) A relevant plan-making authority must submit each supplementary plan that they propose to adopt for independent examination.

(2) The supplementary plan must be submitted to—

(a) the Secretary of State, in order for the examination to be carried out by a person appointed by the Secretary of State, or

(b) a person who, in the opinion of the relevant plan-making authority—

(i) is independent of the authority,

(ii) does not have an interest in any land that may be affected by the supplementary plan, and

(iii) has appropriate qualifications and experience.

(3) In the following provisions of this section, the person appointed by the Secretary of State under paragraph (a) of subsection (2), or (as the case may be) the person to whom the supplementary plan is submitted under paragraph (b) of that subsection, is “the examiner”.

(4) The authority must also send or make available to the examiner (in addition to the supplementary plan) such other documents (or copies of documents) and such information as is prescribed.

(5) The purpose of the independent examination is to determine in respect of the supplementary plan—

(a) whether the requirements of section 15CC, and regulations under subsection (11) of that section relating to the preparation of the plan, have been met, and

(b) whether the relevant plan-making authority have had regard to any guidance issued by the Secretary of State which may be relevant.

(6) The general rule is that the independent examination is to take the form of written representations.

(7) But the examiner must cause a hearing to be held for the purposes of receiving oral representations in any case where the examiner considers that the consideration of oral representations is necessary to ensure adequate examination of an issue or that a person has a fair chance to put a case.

(8) If a hearing is held under subsection (7), any person who makes representations about the matters mentioned in subsection (5) must (if that person so requests) be given the opportunity to appear before and be heard by the examiner

(9) Where the examiner considers that, in all the circumstances, it would be reasonable to conclude—

(a) that the requirements mentioned in subsection (5)(a) have been met, and

(b) the relevant plan-making authority have had regard to any guidance issued by the Secretary of State which may be relevant,

the examiner must recommend that the supplementary plan is adopted and give reasons for the recommendation.

(10) Subsections (11) and (12) apply where the examiner—

(a) has carried out the examination, and

(b) is not required by subsection (9) to recommend that the supplementary plan is adopted.

(11) If the examiner considers that—

(a) certain modifications of the supplementary plan would result in it being reasonable to conclude, in all the circumstances, that the requirements mentioned in subsection (5)(a) are met, and

(b) it is, in all the circumstances, reasonable to conclude that the relevant plan-making authority have had regard to any guidance issued by the Secretary of State which may be relevant,

the examiner must recommend that those modifications are made and that the plan is then adopted and give reasons for the recommendation.

(12) Where the examiner has carried out the examination and is not required by subsection (11) to recommend that the supplementary plan is adopted with modifications, the examiner must—

(a) recommend that the supplementary plan is withdrawn, and

(b) give reasons for the recommendation.

(13) The relevant plan-making authority must publish the recommendations and reasons they receive under this section.

Withdrawal and adoption of plans

15E

(1) A local planning authority may, at any time before they are required to submit a local plan for independent examination under section 15D, withdraw the plan.

(2) After a local plan has been submitted for independent examination, the local planning authority may only withdraw the plan—

(a) if the person appointed to carry out the examination recommends that they do so and the Secretary of State has not directed that it is not to be withdrawn, or

(b) the Secretary of State directs that the plan is to be withdrawn.

(3) The Secretary of State may at any time—

(a) after a local plan has been submitted for independent examination under section 15D, but

(b) before it is adopted under section 15EA,

direct the local planning authority to withdraw the plan.

15EA

(1) Where the person appointed to carry out the independent examination of a local plan recommends that the plan as originally prepared is adopted, the local planning authority may adopt it—

(a) as originally prepared, or

(b) with modifications that (taken together) do not materially affect its contents.

(2) Where the person appointed to carry out the independent examination of a local plan recommends that the plan is adopted with modifications, the local planning authority may adopt it—

(a) with those modifications, or

(b) with those modifications, along with further modifications if the further modifications (taken together) do not materially affect its contents.

(3) Where the person appointed to carry out the independent examination of a supplementary plan recommends that the plan as originally prepared is adopted, the relevant plan-making authority may adopt it—

(a) as originally prepared, or

(b) with modifications that (taken together) do not materially affect its contents.

(4) Where the person appointed to carry out the independent examination of a supplementary plan recommends that the plan is adopted with modifications, the relevant plan-making authority may adopt it—

(a) with those modifications, or

(b) with those modifications, along with further modifications if the further modifications (taken together) do not materially affect its contents.

(5) An authority must not adopt a local plan or supplementary plan unless they do so in accordance with subsection (1), (2), (3) or (4).

(6) A plan is adopted by a local planning authority, or a minerals and waste planning authority, if it is adopted by a resolution of the authority.

(7) The Mayor of London adopts a supplementary plan by publishing it, together with a statement that the plan is to have effect.

Requirement in relation to design code

15F

(1) A local planning authority must ensure that, for every part of their area, the development plan includes requirements with respect to design that relate to development, or development of a particular description, which the authority consider should be met for planning permission for the development to be granted.

(2) Subsection (1) does not require the local planning authority to ensure—

(a) that there are requirements for every description of development for every part of their area, or

(b) that there are requirements in relation to every aspect of design.

Revocation and revision of plans

15G

(1) A local plan is revoked upon a new local plan for the local planning authority’s area being adopted or approved under this Part.

(2) The Secretary of State—

(a) may revoke a local plan at the request of the local planning authority;

(b) may revoke a supplementary plan at the request of the relevant plan-making authority;

(c) may prescribe descriptions of supplementary plan which may be revoked by the relevant plan-making authority themselves.

15GA

(1) A local planning authority may, at any time after their local plan has come into effect, prepare a revision of it.

(2) If the Secretary of State directs them to do so after the local plan comes into effect, a local planning authority must prepare a revision of the local plan, in accordance with such timetable as the Secretary of State directs.

(3) Subsection (4) applies if any part of the area of the local planning authority is an area to which an enterprise zone scheme relates.

(4) As soon as practicable after the occurrence of a relevant event—

(a) the authority must consider whether their local plan should be changed in the light of the enterprise zone scheme;

(b) if they think that any changes to their local plan are required in consequence of the scheme they must prepare a revision to their local plan to give effect to the changes.

(5) The following are relevant events—

(a) the making of an order under paragraph 5 of Schedule 32 to the Local Government, Planning and Land Act 1980 (designation of enterprise zone);

(b) the giving of notification under paragraph 11(1) of that Schedule (approval of modification of enterprise zone scheme).

(6) References to an enterprise zone and an enterprise zone scheme must be construed in accordance with that Act.

(7) This Part applies in relation to a revision under this section as it applies in relation to a local plan, subject to such modifications as may be prescribed.

Intervention powers in relation to plans

15H

(1) At any time before a proposed local plan is adopted by a local planning authority, the Secretary of State may direct the local planning authority to submit the plan (or any part of it) to the Secretary of State for approval.

(2) At any time before a proposed supplementary plan is adopted by a relevant plan-making authority, the Secretary of State may direct the relevant plan-making authority to submit the plan (or any part of it) to the Secretary of State for approval.

(3) Where the Secretary of State gives a direction under subsection (1) or (2)—

(a) the authority must not take any step in connection with the adoption of the plan until the Secretary of State gives the Secretary of State’s decision or withdraws the direction;

(b) if the direction is given, and not withdrawn, before the authority have submitted the plan for independent examination, the Secretary of State must hold an independent examination;

(c) if the direction is given after the authority have submitted the plan for independent examination but before the person appointed to carry out the examination has made recommendations, and is not withdrawn before those recommendations are made, the person must make the recommendations to the Secretary of State.

(4) Subsections (4) to (12) of section 15D, and section 15DA, apply to an examination of a local plan held under subsection (3)(b).

(5) In the case of an examination of a supplementary plan held under subsection (3)(b)—

(a) subsections (5) to (12) of section 15DB apply, and

(b) the examiner is to be a person appointed by the Secretary of State.

(6) The Secretary of State must publish the recommendations made to the Secretary of State by virtue of subsection (3)(c) and the reasons of the person making the recommendations.

(7) In relation to a plan or part of a plan submitted under subsection (1) or (2), the Secretary of State—

(a) may approve, approve subject to modifications or reject the plan or part, and

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

(8) In the exercise of any function under this section the Secretary of State—

(a) may take account of any matter which the Secretary of State thinks is relevant (regardless of whether the matter was taken account of by the authority), and

(b) must have regard to the local plan timetable and minerals and waste plan timetable, so far as relevant.

15HA

(1) This section applies if the Secretary of State thinks that—

(a) a local planning authority are failing to do anything it is necessary or expedient for them to do in connection with the preparation, adoption or revision of a local plan,

(b) a local plan or supplementary plan is, is going to be or may be unsatisfactory, or

(2) The Secretary of State may—

(a) if the plan has not come into effect, take over preparation of the plan from the relevant authority;

(b) if the plan has come into effect, revise the plan;

(i) the preparation or adoption of the plan (including a direction requiring the plan to be modified in accordance with the direction);

(ii) the revocation or revision of the plan (including a direction requiring the plan to be revised in accordance with the direction or a direction revoking the plan).

(3) The Secretary of State may appoint a person (a “local plan commissioner”) to—

(a) investigate and report to the Secretary of State, or

(b) do any of the things that may be done under subsection (2), on the Secretary of State’s behalf.

(4) Subsections (5) to (10) apply if preparation of the plan is taken over under subsection (2)(a) or (3)(b).

(5) The Secretary of State or (as the case may be) the local plan commissioner must publish a document setting out—

(a) their timetable for preparing the plan, and

(b) if they intend to depart from anything specified in a local plan timetable in relation to the plan, details of how they intend to depart from it.

(6) The Secretary of State must—

(a) hold an independent examination of the plan or (as the case may be) direct the local plan commissioner to submit the plan for independent examination, or

(b) direct the relevant authority to submit the plan for independent examination under section 15D or (as the case may be) 15DB.

(7) Subsections (4) to (12) of section 15D, and section 15DA, apply to an examination of a local plan held under subsection (6)(a), reading references to the local planning authority as references to the Secretary of State or (as the case may be) the local plan commissioner.

(8) In the case of an examination of a supplementary plan held under subsection (6)(a)—

(a) subsections (5) to (12) of section 15DB apply, reading references to the relevant plan-making authority as references to the Secretary of State or (as the case may be) the local plan commissioner, and

(b) the examiner is to be a person appointed by the Secretary of State or the local plan commissioner.

(9) The Secretary of State must either—

(a) publish the recommendations and reasons of the person appointed to hold the examination, or

(b) give directions to the relevant authority or local plan commissioner in relation to publication of those recommendations and reasons.

(10) The Secretary of State or local plan commissioner may then—

(a) approve the plan or approve it subject to modifications,

(b) direct the relevant authority to consider adopting the plan, or

(11) Subsections (5) to (10) (and the provisions applied by them) apply in relation to a revision to a plan under subsection (2)(b) or (3)(b) as they apply to a plan prepared under subsection (2)(a) or (3)(b).

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