Friday, 3 June 2016

2016 Act – further provisions in force

The Housing and Planning Act 2016 (Commencement No. 1) Regulations 2016 were made on 25 May, and brought sections 64, 65, 67, 68 and 145(5) of the Act into force on 26 May.

Section 145(5) relates to intervention by the Secretary of State in the development plan process. Sub-section (5) inserts after section 21 of the Planning and Compulsory Purchase Act 2004, a new section 21A, which allows the Secretary of State to make a temporary direction pending possible use of his intervention powers in relation to the preparation by an LPA of development plan documents. If the Secretary of State is considering whether to give a direction to an LPA under section 21 in relation to a development plan document or other local development document, he may direct the authority not to take any step in connection with the adoption of the document until the time (if any) specified in the direction, or until the direction is withdrawn. In meantime a DPD to which a direction under this section relates will have no effect while that direction is in force. .

The Secretary of State has already made use of this new power. He has made a temporary holding direction to Birmingham City Council requiring it not to take any step in adopting its development plan until the Secretary of State has decided whether he should intervene in this plan.

This is only a small part of the wider powers over the development plan process that the Secretary of State will be given by the 2016 Act. .


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