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Section 12Q: Power to approve strategy where adoption resolution not passed

Planning and Compulsory Purchase Act 2004 · 2004 c. 5View on legislation.gov.uk

Part 1A: Strategic plan-making

This section applies in the event of a vote by a strategic planning authority against passing a resolution to adopt a spatial development strategy.

The Secretary of State may, if the Secretary of State considers it appropriate—

approve the strategy, or
modify the strategy and approve it with the modifications.

The powers in subsection (2) are exercisable—

on the Secretary of State's own initiative, or
in the case of a strategy prepared by a mayoral combined authority or a mayoral combined county authority, if the mayor of the authority requests the Secretary of State to exercise those powers.

The function of making a request as mentioned in subsection (3)(b) is exercisable only by the mayor (and may not be the subject of arrangements under section 107D(3) of the Local Democracy, Economic Development and Construction Act 2009 or section 30(3) of the Levelling-up and Regeneration Act 2023).

The Secretary of State must give reasons to the strategic planning authority or (as the case may be) the mayor of the strategic planning authority—

for anything the Secretary of State does under subsection (2), or
if the Secretary of State declines to approve the strategy, for that decision.

If the Secretary of State approves a spatial development strategy under subsection (2) 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.

In making a decision 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).

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.