Section 15H Power to require Secretary of State approvalF1

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if the direction is given, and not withdrawn, before the authority have submitted the plan for independent examination, the Secretary of State must hold an independent examination;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examination but before the person appointed to carry out the examination has made recommendations, and is not withdrawn before those recommendations are made, the person must make the recommendations to the Secretary of State.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

Annotations

Textual amendments

F1: Ss. 15A-15LH and cross-headings substituted for ss. 15-37 and cross-heading (3.3.2026 for the purpose of making regulations only, excluding ss. 15A-15AI, 15K and 15LE(2)(a)(b)(c)(k)(l)(3); 25.3.2026 in so far as not already in force for the insertion of ss. 15B(1)(2)(a)(c)-(i)(3)-(12), 15BA-15C, 15CA(1)-(6)(a)-(g)(i)(7)(8), 15CB-15EA, 15G-15HA, 15HC-15JB, 15L-15LD, 15LE(1)(2)(d)-(j)(m)-(p)(3)(4), 15LF-15LG and 15LH (in part), otherwise prosp.) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 7 (with s. 247); S.I. 2026/169, regs. 2, 3(b) (with Schs. 1, 2) (as amended by S.I. 2026/333, regs. 1(2), 2)

Notes on Part 2

Modifications

C1: Pt. 2 modified (temp.) (28.11.2008) by Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008 (S.I. 2008/2867), regs. 1(1), 21(1), 23(2) (with reg. 1(2))
C2: Pt. 2 modified (25.3.2026) by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 7
C3: Pt. 2 applied (25.3.2026) by The Town and Country Planning (Local Planning) (England) Regulations 2026 (S.I. 2026/186), regs. 1(2), 78(8) (with Sch.)
C4: Pt. 2 modified (16.4.2026) by S.I. 2026/170, reg. 7A (as inserted by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) (Amendment) Regulations 2026 (S.I. 2026/350), regs. 1(2), 2)