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Change 1
As published
15H Power to require Secretary of State approval
(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(b) if the direction is given, and not withdrawn, before the authority have submitted the plan for independent examination, the Secretary of State must hold an independent examination;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examination but before the person appointed to carry out the examination has made recommendations, and is not withdrawn before those recommendations are made, the person must make the recommendations to the Secretary of State.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.
Your change, as a redline
15H Power to require Secretary of State approval
(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.
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