# Planning and Compulsory Purchase Act 2004, Paragraph 8

Extent: E+W

(1) This paragraph applies to a local plan that has been prepared or a revision of a local plan—
(a) under paragraph 1 by the Mayor of London, ...
(b) under paragraph 5 by a combined authority ,
(ba) under paragraph 7ZB by a combined county authority, or
(c) under paragraph 7B by an upper-tier county council.
(2) If the Secretary of State thinks that a local plan to which this paragraph applies is unsatisfactory—
(a) he may at any time before the plan is adopted under section 15EA, or approved under paragraph 2(4)(a) , 6(4)(a) , 7ZC(4)(a) or 7C(4)(a), direct the Mayor of London , the combined authority , the combined county authority or the upper-tier county council to modify the plan in accordance with the direction;
(b) if he gives such a direction he must state his reasons for doing so.
(3) Where a direction is given under sub-paragraph (2)—
(a) the Mayor of London , the combined authority , the combined county authority or the upper-tier county council must comply with the direction;
(b) the plan must not be adopted or approved unless the Secretary of State gives notice that the direction has been complied with.
(4) Sub-paragraph (3) does not apply if or to the extent that the direction under sub-paragraph (2) is withdrawn by the Secretary of State.
(5) At any time before a local plan to which this paragraph applies is adopted under section 15EA, or approved under paragraph 2(4)(a) , 6(4)(a) , 7ZC(4)(a) or 7C(4)(a), the Secretary of State may direct that the plan (or any part of it) is submitted to him for his approval.
(6) In relation to a plan or part of a plan submitted to him under sub-paragraph (5) the Secretary of State—
(a) may approve the plan or part;
(b) may approve it subject to specified modifications;
(c) may reject it.
The Secretary of State must give reasons for his decision under this sub-paragraph.
(7) The Secretary of State may at any time—
(a) after a local plan to which this paragraph applies has been submitted for independent examination, but
(b) before it is adopted under section 15EA or approved under paragraph 2(4)(a) , 6(4)(a) , 7ZC(4)(a) or 7C(4)(a),
direct the Mayor of London , the combined authority , the combined county authority or the upper-tier county council to withdraw the plan.
(7A) Sub-paragraphs (2) to (7) and paragraph 9 apply in relation to a revision to a local plan to which this paragraph applies as they apply in relation to a local plan to which this paragraph applies—
(a) reading references to the plan being adopted or approved as references to the revision being made, and
(b) reading references to paragraph 2(4)(a), 6(4)(a), 7ZC(4)(a) or 7C(4)(a) as references to paragraph 2(4)(b), 6(4)(b), 7ZC(4)(b) or 7C(4)(b).

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Source: https://www.legislation.gov.uk/ukpga/2004/5/schedule/a1/paragraph/8 (the official version)
Page: https://openlegislation.uk/planning-and-compulsory-purchase-act-2004/schedule-a1/paragraph-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

