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Section 35A: Calling in of proposals for approval by Secretary of State.

Town and Country Planning Act 1990 · 1990 c. 8View on legislation.gov.uk

Part II: — Chapter II: Structure and Local Plans: Non-Metropolitan Areas

The Secretary of State may, at any time before the local planning authority have adopted proposals for the alteration or replacement of a structure plan, direct that all or any part of the proposals shall be submitted to him for his approval.

If he gives such a direction—

the local planning authority shall not take any further steps for the adoption of any of the proposals until the Secretary of State has given his decision on the proposals or the relevant part of the proposals; and
the proposals or the relevant part of the proposals shall not have effect unless approved by him and shall not require adoption by the authority under section 35.

Subsection (2)(a) applies in particular to holding or proceeding with an examination in public under section 35B(1).

The Secretary of State may, after considering proposals submitted to him in compliance with a direction under subsection (1)—

approve them, in whole or in part and with or without modifications or reservations; or
reject them.

In considering proposals so submitted to him the Secretary of State—

shall take into account any objections made in accordance with the regulations; and
may take into account any matters which he thinks relevant, whether or not they were taken into account in preparing the proposals.

For the purpose of taking into account any objection or matter, the Secretary of State may, but need not, consult with any local planning authority or other person.

The Secretary of State shall give the authority such statement as he considers appropriate of the reasons governing his decision on any proposals submitted to him.

Subject to section 287, proposals approved by the Secretary of State under this section shall become operative on such day as he may appoint.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.