OpenLegislation

Section 15HE Temporary direction pending possible use of intervention or default powersF1

(1)

If the Secretary of State is considering whether to take action under section 15H, 15HA or 15HB or Schedule A1 in relation to a local plan or a supplementary plan, the Secretary of State may direct the local planning authority or (as the case may be) the relevant plan-making authority not to take any step, or not to take a step specified in the direction, in connection with the plan—

(a)

until a time or event (if any) specified in the direction, or

(b)

until the direction is withdrawn.

(2)

A plan to which a direction under this section relates has no effect while the direction is in force.

(3)

A direction given under this section in relation to a plan ceases to have effect if—

(a)

the Secretary of State—

(i)

gives a direction under section 15H, 15HA(2)(c) or (10)(b) or 15HB(2) or paragraph 8(5) of Schedule A1 in relation to the plan, or

(ii)

approves the plan under section 15HA(10)(a),

(b)

a local plan commissioner—

(i)

gives a direction under section 15HA(3)(b), or

(ii)

approves the plan under section 15HA(10)(a),

(c)

the Mayor of London does anything under paragraph 2(4) of Schedule A1,

(d)

a combined authority does anything under paragraph 6(4) of that Schedule, or

(e)

a county council does anything under paragraph 7C(4) of that Schedule.

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)