Paragraph 9 F1

England and Wales

(1)

This paragraph applies if the Secretary of State gives a direction under paragraph 8(5).

(2)

No steps are to be taken in connection with the adoption or approval of the F2plan until the Secretary of State gives his decision, or withdraws the direction.

(3)

If the direction is given, and not withdrawn, before the plan has been submitted for independent examination, the Secretary of State must hold an independent examination.

(4)

If the direction—

(a)

is given after the plan has been submitted for independent examination but before the person appointed to carry out the examination has made his recommendations, and

(b)

is not withdrawn before those recommendations are made,

the person must make his recommendations to the Secretary of State.

(5)

The plan has no effect unless the plan or (as the case may be) the relevant part of it has been approved by the Secretary of State, or the direction is withdrawn.

The “relevant part” is the part of the plan that—

(a)

is covered by a direction under paragraph 8(5) which refers to only part of the plan, or

(b)

continues to be covered by a direction under paragraph 8(5) following the partial withdrawal of the direction.

(6)

The Secretary of State must publish the recommendations made to him by virtue of sub-paragraph (3) or (4) and the reasons of the person making the recommendations.

(7)

In considering a plan or part of a plan submitted under paragraph 8(5) the Secretary of State may take account of any matter which he thinks is relevant.

(8)

It is immaterial whether any such matter was taken account of by the Mayor of London F3, the combined authority F4, the combined county authority or the upper-tier county council.

Annotations

Textual amendments

F1: Sch. A1 inserted (1.10.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 11; S.I. 2016/733, reg. 4(1)(e)
F2: Word in Sch. A1 para. 9 substituted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 26(17) (with s. 247); S.I. 2026/169, reg. 3(f)(xi) (with Sch. 1)
F3: Words in Sch. A1 para. 9(8) substituted (16.1.2018) by Neighbourhood Planning Act 2017 (c. 20), s. 46(1), Sch. 2 para. 6; S.I. 2018/38, reg. 2(c)
F4: Words in Sch. A1 para. 9(8) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 156(5) (with s. 247)

Notes on Schedule A1

Textual amendments

F2: Words in Sch. A1 heading substituted (16.1.2018) by Neighbourhood Planning Act 2017 (c. 20), s. 46(1), Sch. 2 para. 3; S.I. 2018/38, reg. 2(c)
F3: Words in Sch. A1 heading inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 156(2) (with s. 247)