Section 12P: Powers where strategic planning authority is failing etc, Planning and Compulsory Purchase Act 2004

This section applies if the Secretary of State considers that—

a strategic planning authority is failing to do anything it is necessary or expedient for it to do in connection with the preparation, adoption, alteration, replacement or review of a spatial development strategy,

a spatial development strategy is, is going to be or may be—

inconsistent with current national policies, or

detrimental to the interests of an area outside the strategy area, or

a proposed alteration of a spatial development strategy will, or may, result in the strategy becoming—

inconsistent with current national policies, or

detrimental to the interests of an area outside the strategy area.

The Secretary of State may—

if the strategy is not operative, take over preparation of the strategy from the strategic planning authority;

if the strategy is operative, alter the strategy;

give a direction to the strategic planning authority in relation to the preparation, adoption, withdrawal, alteration, replacement, review or revocation of the strategy.

The power of direction under subsection (2)(c) includes power to direct a strategic planning authority—

to modify or withdraw its draft spatial development strategy;

to alter or revoke its (operative) spatial development strategy.

Subsections (5) to (12) apply if preparation of a spatial development strategy is taken over under subsection (2)(a).

The Secretary of State must publish a document setting out—

the timetable for preparing the strategy, and

details of any departures from any existing spatial development strategy timetable.

The Secretary of State must (or, if an examination of the draft strategy has already been held, may)—

make arrangements for an examination of the draft strategy to be held in public, or

direct the strategic planning authority to make arrangements for an examination of the draft strategy under section 12I.

Subsections (2) to (8) of section 12I apply in relation to an examination held under subsection (6)(a), reading references to the strategic planning authority as references to the Secretary of State.

The Secretary of State must either—

publish the examiner's report, or

direct the strategic planning authority to publish it.

The Secretary of State may then—

approve the strategy,

modify the strategy and approve it with the modifications,

direct the strategic planning authority to consider adopting—

the strategy, or

the strategy as modified by the Secretary of State, or

reject the strategy.

If the Secretary of State gives a direction under subsection (9)(c), section 12L applies with the omission of subsections (1) and (2) of that section (and as if the reference in subsection (3) of that section to the conditions in subsection (2) being satisfied were a reference to the direction being received).

If the Secretary of State approves a spatial development strategy under subsection (9)(a) or (b), the Secretary of State must either—

publish the strategy, or

direct the strategic planning authority to publish it.

The spatial development strategy becomes operative when it is published.

Subsections (5) to (12) (and the provisions applied by them) apply in relation to an alteration of a strategy under subsection (2)(b) as they apply to a strategy prepared under subsection (2)(a).

The Secretary of State must give reasons for—

whatever the Secretary of State does under subsection (2);

the decision made under subsection (9).

In the exercise of any function under this section the Secretary of State—

may take account of any matter that the Secretary of State considers to be relevant (regardless of whether the matter was taken account of by the strategic planning authority), and

must have regard to—

the spatial development strategy timetable, and

the local plan timetable prepared by a local planning authority for an area that is wholly or partly within the strategy area.

In subsection (15)(b)(ii) "local plan timetable" is to be construed in accordance with section 15B.

Section 12P: Powers where strategic planning authority is failing etc

Discussed in

About this text