Planning and Compulsory Purchase Act 2004

SCHEDULE A1 Default powers exercisable by Mayor of London , combined authority , combined county authority or county council

Section 27A Default powers exercisable by Mayor of London 1 (1) This paragraph applies if the Secretary of State thinks that a London borough council, in their capacity as 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. (2) If the local plan has not come into effect, the Secretary of State may invite the Mayor of London to take over preparation of the local plan from the London borough council, in which case the Mayor may do so. (3) If the local plan has come into effect, the Secretary of State may invite the Mayor of London to revise the local plan, in which case the Mayor may do so. 2 (1) This paragraph applies where a local plan is prepared or revised by the Mayor of London under paragraph 1. (1A) If the Mayor of London is to prepare the local plan, the Mayor must publish a document setting out— (a) the Mayor’s timetable for preparing the plan, and (b) if the Mayor intend to depart from anything specified in a local plan timetable in relation to the plan, details of how the Mayor intends to depart from it. (2) The Mayor of London must hold an independent examination. (3) The Mayor of London— (a) must publish the recommendations and reasons of the person appointed to hold the examination, and (b) may also give directions to the council in relation to publication of those recommendations and reasons. (4) The Mayor of London may then— (a) where the Mayor has prepared a local plan, approve the local plan, approve the local plan subject to specified modifications or direct the council to consider adopting the local plan by resolution of the council, or (b) where the Mayor is to revise a local plan, make the revision or make the revision subject to specified modifications. 3 (1) Subsections (4) to (12) of section 15D, and section 15DA, apply to an examination held under paragraph 2(2)— (a) reading references to the local planning authority as references to the Mayor of London, and (b) in the case of an independent examination of a proposed revision, reading references to a local plan as references to the revision. (2) The Mayor of London must give reasons for anything he does in pursuance of paragraph 1 or 2(4). (3) The council must reimburse the Mayor of London— (a) for any expenditure that the Mayor incurs in connection with anything which is done by him under paragraph 1 and which the council failed ... to do as mentioned in that paragraph; (b) for any expenditure that the Mayor incurs in connection with anything which is done by him under paragraph 2(2). (4) In the case of a joint local plan, the Mayor may apportion liability for the expenditure on such basis as the Mayor thinks just between the councils for whom the plan has been prepared. Default powers exercisable by combined authority 4 In this Schedule— “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009; “constituent planning authority”, in relation to a combined authority, means— a county council, metropolitan district council or non-metropolitan district council which is the local planning authority for an area within the area of the combined authority, or a joint committee established under section 15J whose area is within, or the same as, the area of the combined authority. 5 (1) This paragraph applies if the Secretary of State thinks that a constituent 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. (2) If the local plan has not come into effect, the Secretary of State may invite the combined authority to take over preparation of the local plan from the constituent planning authority, in which case the combined authority may do so. (3) If the local plan has come into effect, the Secretary of State may invite the combined authority to revise the local plan, in which case the combined authority may do so. 6 (1) This paragraph applies where a local plan is prepared or revised by a combined authority under paragraph 5. (1A) If the combined authority are to prepare the local plan, the combined authority must publish a document setting out— (a) their timetable for preparing the plan, and (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. (2) The combined authority must hold an independent examination. (3) The combined authority— (a) must publish the recommendations and reasons of the person appointed to hold the examination, and (b) may also give directions to the constituent planning authority in relation to publication of those recommendations and reasons. (4) The combined authority may then— (a) where the combined authority have prepared a local plan, approve the local plan, approve the local plan subject to specified modifications or direct the constituent planning authority to consider adopting the local plan by resolution of the authority, or (b) where the combined authority are to revise a local plan, make the revision or make the revision subject to specified modifications. 7 (1) Subsections (4) to (12) of section 15D, and section 15DA, apply to an examination held under paragraph 6(2)— (a) reading references to the local planning authority as references to the combined authority, and (b) in the case of an independent examination of a proposed revision, reading references to a local plan as references to the revision. (2) The combined authority must give reasons for anything they do in pursuance of paragraph 5 or 6(4). (3) The constituent planning authority must reimburse the combined authority— (a) for any expenditure that the combined authority incur in connection with anything which is done by them under paragraph 5 and which the constituent planning authority failed ... to do as mentioned in that paragraph; (b) for any expenditure that the combined authority incur in connection with anything which is done by them under paragraph 6(2). (4) In the case of a joint local plan, the combined authority may apportion liability for the expenditure on such basis as the authority considers just between the authorities for whom the plan has been prepared. Default powers exercisable by combined county authority 7ZA In this Schedule— “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023; “constituent planning authority” in relation to a combined county authority, means— a county council, metropolitan district council or non-metropolitan district council which is the local planning authority for an area within the area of the combined county authority, or a joint committee established under section 15J whose area is within, or the same as, the area of the combined county authority. 7ZB (1) This paragraph applies if the Secretary of State thinks that a constituent 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. (2) If the local plan has not come into effect, the Secretary of State may invite the combined county authority to take over preparation of the local plan from the constituent planning authority, in which case the combined county authority may do so. (3) If the local plan has come into effect, the Secretary of State may invite the combined county authority to revise the local plan, in which case the combined county authority may do so. 7ZC (1) This paragraph applies where a local plan is prepared or revised by a combined county authority under paragraph 7ZB. (1A) If the combined county authority are to prepare the local plan, the combined county authority must publish a document setting out— (a) their timetable for preparing the plan, and (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. (2) The combined county authority must hold an independent examination. (3) The combined county authority— (a) must publish the recommendations and reasons of the person appointed to hold the examination, and (b) may also give directions to the constituent planning authority in relation to publication of those recommendations and reasons. (4) The combined county authority may then— (a) where the combined county authority have prepared a local plan, approve the local plan subject to specified modifications or direct the constituent planning authority to consider adopting the local plan by resolution of the authority, or (b) where the combined county authority are to revise a local plan, make the revision or make the revision subject to specified modifications. 7ZD (1) Subsections (4) to (12) of section 15D, and section 15DA, apply to an examination held under paragraph 7ZC(2)— (a) reading references to the local planning authority as references to the combined county authority, and (b) in the case of an independent examination of a proposed revision, reading references to a local plan as references to the revision. (2) The combined county authority must give reasons for anything they do in pursuance of paragraph 7ZB or 7ZC(4). (3) The constituent planning authority must reimburse the combined county authority— (a) for any expenditure that the combined county authority incur in connection with anything which is done by them under paragraph 7ZB and which the constituent planning authority failed ... to do as mentioned in that paragraph; (b) for any expenditure that the combined county authority incur in connection with anything which is done by them under paragraph 7ZC(2). (4) In the case of a joint local plan, the combined county authority may apportion liability for the expenditure on such basis as the authority considers just between the authorities for whom the plan has been prepared. Default powers exercisable by county council 7A In this Schedule— “upper-tier county council” means a county council for an area for which there is also a district council; “lower-tier planning authority”, in relation to an upper-tier county council, means a district council which is the local planning authority for an area within the area of the upper-tier county council. 7B (1) This paragraph applies if the Secretary of State thinks that a lower tier 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. (2) If the local plan has not come into effect, the Secretary of State may invite the upper-tier county council to take over preparation of the local plan from the lower-tier planning authority, in which case the upper-tier county council may do so. (3) If the local plan has come into effect, the Secretary of State may invite the upper-tier county council to revise the local plan, in which case the upper-tier county council may do so. 7C (1) This paragraph applies where a local plan is prepared or revised by an upper-tier county council under paragraph 7B. (1A) If the upper-tier county council are to prepare the local plan, the upper-tier county council must publish a document setting out— (a) their timetable for preparing the plan, and (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. (2) The upper-tier county council must hold an independent examination. (3) The upper-tier county council— (a) must publish the recommendations and reasons of the person appointed to hold the examination, and (b) may also give directions to the lower-tier planning authority in relation to publication of those recommendations and reasons. (4) The upper-tier county council may then— (a) where the upper-tier county council have prepared a local plan, approve the local plan, approve the local plan subject to specified modifications or direct the lower-tier planning authority to consider adopting the local plan by resolution of the authority, or (b) where the upper-tier county council are to revise a local plan, make the revision or make the revision subject to specified modifications. 7D (1) Subsections (4) to (12) of section 15D, and section 15DA, apply to an examination held under paragraph 7C(2)— (a) reading references to the local planning authority as references to the upper-tier county council, and (b) in the case of an independent examination of a proposed revision, reading references to a local plan as references to the revision. (2) The upper-tier county council must give reasons for anything they do in pursuance of paragraph 7B or 7C(4). (3) The lower-tier planning authority must reimburse the upper-tier county council— (a) for any expenditure that the upper-tier county council incur in connection with anything which is done by them under paragraph 7B and which the lower-tier planning authority failed ... to do as mentioned in that paragraph; (b) for any expenditure that the upper-tier county council incur in connection with anything which is done by them under paragraph 7C(2). (4) In the case of a joint local plan, the upper-tier council may apportion liability for the expenditure on such basis as the council considers just between the authorities for whom the plan has been prepared. Intervention by Secretary of State 8 (1) This paragraph applies to a local plan that has been prepared or a revision of a local plan— (a) under paragraph 1 by the Mayor of London, ... (b) under paragraph 5 by a combined authority , (ba) under paragraph 7ZB by a combined county authority, or (c) under paragraph 7B by an upper-tier county council. (2) If the Secretary of State thinks that a local plan to which this paragraph applies is unsatisfactory— (a) he may at any time before the plan is adopted under section 15EA, or approved under paragraph 2(4)(a) , 6(4)(a) , 7ZC(4)(a) or 7C(4)(a), direct the Mayor of London , the combined authority , the combined county authority or the upper-tier county council to modify the plan in accordance with the direction; (b) if he gives such a direction he must state his reasons for doing so. (3) Where a direction is given under sub-paragraph (2)— (a) the Mayor of London , the combined authority , the combined county authority or the upper-tier county council must comply with the direction; (b) the plan must not be adopted or approved unless the Secretary of State gives notice that the direction has been complied with. (4) Sub-paragraph (3) does not apply if or to the extent that the direction under sub-paragraph (2) is withdrawn by the Secretary of State. (5) At any time before a local plan to which this paragraph applies is adopted under section 15EA, or approved under paragraph 2(4)(a) , 6(4)(a) , 7ZC(4)(a) or 7C(4)(a), the Secretary of State may direct that the plan (or any part of it) is submitted to him for his approval. (6) In relation to a plan or part of a plan submitted to him under sub-paragraph (5) the Secretary of State— (a) may approve the plan or part; (b) may approve it subject to specified modifications; (c) may reject it. The Secretary of State must give reasons for his decision under this sub-paragraph. (7) The Secretary of State may at any time— (a) after a local plan to which this paragraph applies has been submitted for independent examination, but (b) before it is adopted under section 15EA or approved under paragraph 2(4)(a) , 6(4)(a) , 7ZC(4)(a) or 7C(4)(a), direct the Mayor of London , the combined authority , the combined county authority or the upper-tier county council to withdraw the plan. (7A) Sub-paragraphs (2) to (7) and paragraph 9 apply in relation to a revision to a local plan to which this paragraph applies as they apply in relation to a local plan to which this paragraph applies— (a) reading references to the plan being adopted or approved as references to the revision being made, and (b) reading references to paragraph 2(4)(a), 6(4)(a), 7ZC(4)(a) or 7C(4)(a) as references to paragraph 2(4)(b), 6(4)(b), 7ZC(4)(b) or 7C(4)(b). 9 (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 plan 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 , the combined authority , the combined county authority or the upper-tier county council. 10 Subsections (4) to (12) of section 15D, and section 15DA, apply to an examination of a local plan held under paragraph 9(3)— (a) reading references to the local planning authority as references to Secretary of State, and (b) in the case of an independent examination of a proposed revision, reading references to a local plan as references to the revision. 11 In the exercise of any function under paragraph 8 or 9 the Secretary of State must have regard to the local plan timetable. 12 The Mayor of London, the combined authority , the combined county authority or the upper-tier county council must reimburse the Secretary of State for any expenditure incurred by the Secretary of State under paragraph 8 or 9 that is specified in a notice given by him to the Mayor, the authority or the council. Temporary direction pending possible use of intervention powers 13 (1) If the Secretary of State is considering whether to give a direction to the Mayor of London , a combined authority , a combined county authority or an upper-tier county council under paragraph 8 in relation to a local plan, he may direct the Mayor , the authority or the council not to take any step , or not to take a step specified in the direction, in connection with the plan— (a) until the time (if any) specified in the direction, or (b) until the direction is withdrawn. (2) A plan to which a direction under this paragraph relates has no effect while the direction is in force. (3) A direction given under this paragraph in relation to a plan ceases to have effect if a direction is given under paragraph 8 in relation to that plan.