Commentary on Sections Promoting growth and facilitating provisions of infrastructure, and related matters Section 6: Local development orders: repeal of pre-adoption intervention powers
40.Section 6 amends section 61B(1) to (7) of the 1990 Act so that it ceases to have effect in England. This removes powers for the Secretary of State to direct that a local development order be submitted for approval before adoption, to reject an order or part of an order, and to direct that a local development order be modified before it is adopted. Section 6 also inserts a new section 61B(7A) which requires a local planning authority in England to submit a copy of a local development order to the Secretary of State after the order is adopted.
41.The section also removes the Secretary of State’s power, under Schedule 4A to the 1990 Act, to prescribe a procedure for submitting local development orders for approval and replaces it with a power to prescribe a procedure for submitting orders to the Secretary of State after adoption. Schedule 4A is further amended to remove the requirement for a local planning authority in England to report on the extent to which a local development order is achieving its purpose.