{
  "url": "https://openlegislation.uk/planning-and-compulsory-purchase-act-2004/section-15HA",
  "json_url": "https://openlegislation.uk/planning-and-compulsory-purchase-act-2004/section-15HA.json",
  "legislation": "ukpga/2004/5",
  "legislation_title": "Planning and Compulsory Purchase Act 2004",
  "legislation_url": "https://openlegislation.uk/planning-and-compulsory-purchase-act-2004",
  "path": "section/15HA",
  "kind": "section",
  "number": "15HA",
  "heading": "Secretary of State powers where local planning authority are failing etc",
  "text": "(1) This section applies if the Secretary of State thinks that—\n(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,\n(b) a local plan or supplementary plan is, is going to be or may be unsatisfactory, or\n(c) a proposed revision of a local plan or supplementary plan will, or may, result in the plan becoming unsatisfactory.\n(2) The Secretary of State may—\n(a) if the plan has not come into effect, take over preparation of the plan from the relevant authority;\n(b) if the plan has come into effect, revise the plan;\n(c) give directions to the relevant authority in relation to—\n(i) the preparation or adoption of the plan (including a direction requiring the plan to be modified in accordance with the direction);\n(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).\n(3) The Secretary of State may appoint a person (a “local plan commissioner”) to—\n(a) investigate and report to the Secretary of State, or\n(b) do any of the things that may be done under subsection (2), on the Secretary of State’s behalf.\n(4) Subsections (5) to (10) apply if preparation of the plan is taken over under subsection (2)(a) or (3)(b).\n(5) The Secretary of State or (as the case may be) the local plan commissioner must publish a document setting out—\n(a) their timetable for preparing the plan, and\n(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.\n(6) The Secretary of State must—\n(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\n(b) direct the relevant authority to submit the plan for independent examination under section 15D or (as the case may be) 15DB.\n(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.\n(8) In the case of an examination of a supplementary plan held under subsection (6)(a)—\n(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\n(b) the examiner is to be a person appointed by the Secretary of State or the local plan commissioner.\n(9) The Secretary of State must either—\n(a) publish the recommendations and reasons of the person appointed to hold the examination, or\n(b) give directions to the relevant authority or local plan commissioner in relation to publication of those recommendations and reasons.\n(10) The Secretary of State or local plan commissioner may then—\n(a) approve the plan or approve it subject to modifications,\n(b) direct the relevant authority to consider adopting the plan, or\n(c) reject the plan.\n(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).\n(12) In the exercise of any function under this section, the Secretary of State or local plan commissioner may take account of any matter which the Secretary of State or local plan commissioner thinks is relevant (regardless of whether the matter was taken account of by the relevant authority).\n(13) The Secretary of State must give reasons for anything the Secretary of State does in pursuance of subsection (2) or (10).\n(14) A local plan commissioner must give reasons for anything the commissioner does in pursuance of subsection (3)(b) or (10).\n(15) In this section “relevant authority”—\n(a) in relation to a local plan, means the local planning authority, or\n(b) in relation to a supplementary plan, means the relevant plan-making authority.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2004/5/section/15HA",
    "retrieved_at": "2026-10-29T09:17:27.353631+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}