Section 27 Secretary of State’s default powersF1F2I1
England and Wales
This section applies if the Secretary of State thinks that a local planning authority are failing or omitting to do anything it is necessary for them to do in connection with the preparation, revision or adoption of a development plan document.
The Secretary of State may—
prepare or revise (as the case may be) the document, or
give directions to the authority in relation to the preparation or revision of the document.
The Secretary of State must either—
hold an independent examination, or
direct the authority to submit the document for independent examination.
The Secretary of State must either—
publish the recommendations and reasons of the person appointed to hold the examination, or
give directions to the authority in relation to publication of those recommendations and reasons.
The Secretary of State may—
approve the document, or approve it subject to specified modifications, as a local development document,
direct the authority to consider adopting the document by resolution of the authority as a local development document, or
(except where it was prepared or revised by the Secretary of State under subsection (2)(a)) reject the document.
Subsections (4) to (7C) of section 20 apply (subject to subsection (7) below) to an examination held under subsection (3)(a), the reference to the local planning authority in subsection (7C) of that section being read as a reference to the Secretary of State.
Subsections (5)(c), (7)(b)(ii) and (7B)(b) of section 20 do not apply to an independent examination held—
under subsection (3)(a), or
in response to a direction under subsection (3)(b),
in respect of a document prepared or revised by the Secretary of State under subsection (2)(a).
The Secretary of State must give reasons for anything he does in pursuance of subsection (2) or (5).
The authority must reimburse the Secretary of State for any expenditure he incurs in connection with anything—
which is done by him under subsection (2)(a), and
which the authority failed or omitted to do as mentioned in subsection (1).
In the case of a joint local development document or a joint development plan document, the Secretary of State may apportion liability for the expenditure on such basis as the Secretary of State thinks just between the local planning authorities for whom the document has been prepared.
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)
- F2
S. 27 substituted (1.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 146, 216(3); S.I. 2016/733, reg. 4(1)(d)
- F3
S. 27(10) inserted (27.4.2017 for specified purposes, 16.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 9(4), 46(3); S.I. 2018/38, reg. 2(b)
Commencement
- I1
S. 27 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(b)
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)