Search Legislation

Town and Country Planning Act 1990

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Independent examination

 Help about opening options

Changes to legislation:

Town and Country Planning Act 1990, Cross Heading: Independent examination is up to date with all changes known to be in force on or before 07 February 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

[F1Independent examinationE+W

Textual Amendments

F1Sch. 4B inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 116(2), 240(5)(j), Sch. 10; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

7(1)This paragraph applies if—E+W

(a)a local planning authority have considered the matters mentioned in paragraph 6(2) and (3), and

(b)they are satisfied that the matters mentioned there have been met or complied with.

(2)The authority must submit for independent examination—

(a)the draft neighbourhood development order, and

(b)such other documents as may be prescribed.

(3)The authority must make such arrangements as they consider appropriate in connection with the holding of the examination.

(4)The authority may appoint a person to carry out the examination, but only if the qualifying body consents to the appointment.

(5)If—

(a)it appears to the Secretary of State that no person may be appointed under sub-paragraph (4), and

(b)the Secretary of State considers that it is expedient for an appointment to be made under this sub-paragraph,

the Secretary of State may appoint a person to carry out the examination.

(6)The person appointed must be someone who, in the opinion of the person making the appointment—

(a)is independent of the qualifying body and the authority,

(b)does not have an interest in any land that may be affected by the draft order, and

(c)has appropriate qualifications and experience.

(7)The Secretary of State or another local planning authority may enter into arrangements with the authority for the provision of the services of any of their employees as examiners.

(8)Those arrangements may include—

(a)provision requiring payments to be made by the authority to the Secretary of State or other local planning authority, and

(b)other provision in relation to those payments and other financial matters.

8(1)The examiner must consider the following—E+W

(a)whether the draft neighbourhood development order meets the basic conditions (see sub-paragraph (2)),

(b)whether the draft order complies with the provision made by or under sections 61E(2), 61J and 61L,

(c)whether any period specified under section 61L(2)(b) or (5) is appropriate,

(d)whether the area for any referendum should extend beyond the neighbourhood area to which the draft order relates, and

(e)such other matters as may be prescribed.

(2)A draft order meets the basic conditions if—

(a)having regard to national policies and advice contained in guidance issued by the Secretary of State, it is appropriate to make the order,

(b)having special regard to the desirability of preserving any listed building or its setting or any features of special architectural or historic interest that it possesses, it is appropriate to make the order,

(c)having special regard to the desirability of preserving or enhancing the character or appearance of any conservation area, it is appropriate to make the order,

(d)the making of the order contributes to the achievement of sustainable development,

(e)the making of the order is in general conformity with the strategic policies contained in the development plan for the area of the authority (or any part of that area),

(f) the making of the order does not breach, and is otherwise compatible with, [F2retained EU obligations], and

(g)prescribed conditions are met in relation to the order and prescribed matters have been complied with in connection with the proposal for the order.

(3)Sub-paragraph (2)(b) applies in relation to a listed building only in so far as the order grants planning permission for development that affects the building or its setting.

(4)Sub-paragraph (2)(c) applies in relation to a conservation area only in so far as the order grants planning permission for development in relation to buildings or other land in the area.

(5) In this paragraph “ listed building ” has the same meaning as in the Planning (Listed Buildings and Conservation Areas) Act 1990.

(6)The examiner is not to consider any matter that does not fall within sub-paragraph (1) (apart from considering whether the draft order is compatible with the Convention rights).

9(1)The general rule is that the examination of the issues by the examiner is to take the form of the consideration of written representations.E+W

(2)But the examiner must cause a hearing to be held for the purpose of receiving oral representations about a particular issue at the hearing—

(a)in any case where the examiner considers that the consideration of oral representations is necessary to ensure adequate examination of the issue or a person has a fair chance to put a case, or

(b)in such other cases as may be prescribed.

(3)The following persons are entitled to make oral representations about the issue at the hearing—

(a)the qualifying body,

(b)the local planning authority,

(c)where the hearing is held to give a person a fair chance to put a case, that person, and

(d)such other persons as may be prescribed.

(4)The hearing must be in public.

(5)It is for the examiner to decide how the hearing is to be conducted, including—

(a)whether a person making oral representations may be questioned by another person and, if so, the matters to which the questioning may relate, and

(b)the amount of time for the making of a person's oral representations or for any questioning by another person.

(6)In making decisions about the questioning of a person's oral representations by another, the examiner must apply the principle that the questioning should be done by the examiner except where the examiner considers that questioning by another is necessary to ensure—

(a)adequate examination of a particular issue, or

(b)a person has a fair chance to put a case.

(7)Sub-paragraph (5) is subject to regulations under paragraph 11.

10(1)The examiner must make a report on the draft order containing recommendations in accordance with this paragraph (and no other recommendations).E+W

(2)The report must recommend either—

(a)that the draft order is submitted to a referendum, or

(b)that modifications specified in the report are made to the draft order and that the draft order as modified is submitted to a referendum, or

(c)that the proposal for the order is refused.

(3)The only modifications that may be recommended are—

(a)modifications that the examiner considers need to be made to secure that the draft order meets the basic conditions mentioned in paragraph 8(2),

(b)modifications that the examiner considers need to be made to secure that the draft order is compatible with the Convention rights,

(c)modifications that the examiner considers need to be made to secure that the draft order complies with the provision made by or under sections 61E(2), 61J and 61L,

(d)modifications specifying a period under section 61L(2)(b) or (5), and

(e)modifications for the purpose of correcting errors.

(4)The report may not recommend that an order (with or without modifications) is submitted to a referendum if the examiner considers that the order does not—

(a)meet the basic conditions mentioned in paragraph 8(2), or

(b)comply with the provision made by or under sections 61E(2), 61J and 61L.

(5)If the report recommends that an order (with or without modifications) is submitted to a referendum, the report must also make—

(a)a recommendation as to whether the area for the referendum should extend beyond the neighbourhood area to which the order relates, and

(b)if a recommendation is made for an extended area, a recommendation as to what the extended area should be.

(6)The report must—

(a)give reasons for each of its recommendations, and

(b)contain a summary of its main findings.

(7)The examiner must send a copy of the report to the qualifying body and the local planning authority.

(8)The local planning authority must then arrange for the publication of the report in such manner as may be prescribed.

11(1)Regulations may make provision in connection with examinations under paragraph 7.E+W

(2)The regulations may in particular make provision as to—

(a)the giving of notice and publicity in connection with an examination,

(b)the information and documents relating to an examination that are to be made available to the public,

(c)the making of reasonable charges for anything provided as a result of the regulations,

(d)the making of written or oral representations in relation to draft neighbourhood development orders (including the time by which written representations must be made),

(e)the written representations which are to be, or which may be or may not be, considered at an examination,

(f)the refusal to allow oral representations of a prescribed description to be made at a hearing,

(g)the procedure to be followed at an examination (including the procedure to be followed at a hearing),

(h)the payment by a local planning authority of remuneration and expenses of the examiner, and

(i)the award of costs by the examiner.]

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources