Paragraph 15A F1
This paragraph applies where the Secretary of State is exercising the functions conferred by paragraph 15.
The Secretary of State must—
decide to make or confirm the proposed scheme,
decide not to make or confirm the proposed scheme, or
decide to give notification under paragraph 15(3)(a),
within the period of 10 weeks beginning with the relevant day.
Subject to sub-paragraph (4), the relevant day is the day on which any of the following occurs in relation to the proposed scheme—
the period specified in the notice published under paragraph 10 or (as the case may be) paragraph 12 expires with no qualifying objection having been received by the Secretary of State;
a qualifying objection is withdrawn with the result that no qualifying objections remain live;
the Secretary of State decides under paragraph 14(2) to dispense with an inquiry;
the Secretary of State receives the report of the person who has held a local inquiry.
In a case where—
the Secretary of State has to decide whether to confirm a related compulsory purchase order, and
the relevant day in relation to that compulsory purchase order is later than the relevant day specified in sub-paragraph (3),
the relevant day for the purposes of sub-paragraph (2) is the relevant day in relation to the compulsory purchase order.
The relevant day in relation to a related compulsory purchase order is the day on which the procedure that must be followed before the Secretary of State can decide whether to confirm the order (not including any duty on the Secretary of State to consider certain matters before taking that decision) is completed.
Where the Secretary of State gives notification under paragraph 15(3)(a), the Secretary of State must decide whether or not to make or confirm the proposed scheme within the period of 10 weeks beginning with the final day of the period specified under paragraph 15(3)(b).
Sub-paragraphs (4) and (5) apply for postponing the first day of the period referred to in sub-paragraph (6) as they apply for postponing the relevant day for the purposes of sub-paragraph (2).
If the Secretary of State has decided to proceed in accordance with paragraph 15(2), sub-paragraphs (2) to (7) of this paragraph apply separately in relation to each part of the proposals that is being given separate consideration.
The Secretary of State may in any particular case, if the Secretary of State considers it appropriate, extend a period that applies under this paragraph.
The power under sub-paragraph (9) may be exercised—
more than once in relation to the same period;
after the expiry of the period.
The Secretary of State must give written notice of any extension—
in a case where the proposed scheme has already been made, to the authority that made it, and
to each person who has made a qualifying objection and not withdrawn it.
In this paragraph—
“qualifying objection” means an objection received as described in paragraph 14(1)(a) or (b);
“related compulsory purchase order”, in relation to a proposed scheme, means a compulsory purchase order proceedings on which could, by virtue of section 257(1), be taken concurrently with any proceedings under this Schedule on the proposed scheme.
Annotations
Textual amendments
- F1
Sch. 1 para. 15A inserted (1.9.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 33(6), 118(1)(s) (with s. 116); S.I. 2026/641, reg. 4(a) (with reg. 7)
Notes on Schedule 1
Modifications
- C1
Functions under paras. 7, 8, 14, 15, 18, 19 and 21 so far as exercisable jointly by Minister of Transport and Secretary of State now exercisable by Secretary of State for Transport: S.I. 1981/238, art. 2(1)(b)