The Town and Country Planning (Development Plan) Regulations 1991

Consideration of proposals following a local inquiry or other hearing or examination in public

16.—(1) Where a local planning authority cause a local inquiry or other hearing to be held for a purpose mentioned in regulation 14(1), or an examination in public to be held for a purpose mentioned in regulation 15, the authority shall, after considering the report of the person holding the inquiry, other hearing, or examination in public, as the case may be, prepare a statement of–

(a) the decisions they have reached in the light of the report and any recommendations contained in the report; and

(b) the reasons for those decisions.

(2) Where a list of proposed modifications to the statutory plan proposals is made available for inspection under regulation 18(1) after the statement of decisions and reasons is prepared, the report mentioned in paragraph (1) and that statement shall be made available for inspection from the date on which, and at the places at which, the list is made available for inspection.

(3) Where such a list is not made available for inspection under regulation 18(1) after the statement of decisions and reasons is prepared, the local planning authority shall–

(a) give notice by local advertisement in Form 3;

(b) serve a notice in similar form on any person who has objected to, or made a representation in respect of, the plan proposals in accordance with these regulations and not withdrawn the objection or representation; and

(c) make copies of the report mentioned in paragraph (1) and the statement of decisions and reasons available for inspection at any place at which the plan proposals have been made available for inspection.

(4) Where the report of the person holding the inquiry, other hearing, or examination in public, as the case may be, contains recommendations that the statutory plan proposals should be modified in a manner specified in the report and the local planning authority intend not to accept one or more of those recommendations–

(a) the authority shall make a list of the recommendations that they do not intend to accept available for inspection from the date on which, and at the places at which, the report is made available for inspection;

(b) the notice given in Form 3, or in Form 4, as the case may be, shall record the authority’s intention not to accept those recommendations and invite objections and representations to be made in respect of that intention within six weeks of the date on which the notice is first published in a local newspaper;

(c) paragraphs (3) and (4) of regulation 18 shall apply to any objection and representation made in respect of that intention as they apply to objections and representations made in respect of proposed modifications;

(d) where a local inquiry or other hearing is held to consider objections made to that intention, regulation 14 shall apply, and where an examination in public is held to consider matters in connection with that intention, regulation 15 shall apply, as those regulations apply in the case of statutory plan proposals, and this regulation shall apply following such a local inquiry or other hearing or examination in public as it applies to a local inquiry or other hearing or examination in public mentioned in paragraph (1); and

(e) where objections have been made to that intention in accordance with these regulations and not withdrawn and the local planning authority do not cause a local inquiry or other hearing or examination in public to be held, regulation 17 shall apply to the consideration of the objections as it applies to the consideration of objections to statutory plan proposals.

(5) Where notice is given in Form 3 and paragraph (4) does not apply, the notice shall give 28 days notice of the local planning authority’s intention to adopt the statutory plan proposals.