http://www.legislation.gov.uk/ukpga/2004/5/schedule/a2Planning and Compulsory Purchase Act 2004An Act to make provision relating to spatial development and town and country planning; and the compulsory acquisition of land.texttext/xmlenStatute Law Database2026-07-29Expert Participation2026-07-16 Planning and Compulsory Purchase Act 2004s. 38(5A)-(5C)Levelling-up and Regeneration Act 2023s. 93(2)s. 247s. 255(3)(b)Planning and Compulsory Purchase Act 2004s. 38(9B)Levelling-up and Regeneration Act 2023s. 93(4)s. 247s. 255(3)(b)Planning and Compulsory Purchase Act 2004s. 45(A1)Localism Act 2011Sch. 8 para. 14(2)s. 240(2)Planning and Compulsory Purchase Act 2004s. 38(5A)Planning (Consequential Provisions) (Wales) Act 2026Deddf Cynllunio (Darpariaethau Canlyniadol) (Cymru) 2026Sch. 2 para. 351(b)Sch. 5 Pt. 1s. 5(2)Planning and Compulsory Purchase Act 2004s. 59(8A)Planning (Consequential Provisions) (Wales) Act 2026Deddf Cynllunio (Darpariaethau Canlyniadol) (Cymru) 2026Sch. 2 para. 355(b)Sch. 5 Pt. 1s. 5(2)Planning and Compulsory Purchase Act 2004s. 18(4)(b)Planning (Consequential Provisions) (Wales) Act 2026Deddf Cynllunio (Darpariaethau Canlyniadol) (Cymru) 2026Sch. 5 para. 10Sch. 5 Pt. 1s. 5(2)Planning and Compulsory Purchase Act 2004s. 39A(5)(ba)Planning and Infrastructure Act 2025Sch. 2 para. 4s. 116s. 118(2)(g)Planning and Compulsory Purchase Act 2004s. 113(9)(fa)(fb)Planning and Infrastructure Act 2025Sch. 2 para. 5(b)s. 116s. 118(2)(g)Planning and Compulsory Purchase Act 2004s. 113(9)(g)Planning and Infrastructure Act 2025Sch. 2 para. 11(4)(a)s. 116s. 118(2)(g)Planning and Compulsory Purchase Act 2004s. 122(5)(za)Planning and Infrastructure Act 2025Sch. 2 para. 11(5)(a)s. 116s. 118(2)(g)Planning and Compulsory Purchase Act 2004specified provision(s)The Planning and Compulsory Purchase Act 2004 (Commencement No. 12, Revocation and Amendment) Order 2010art. 3Planning and Compulsory Purchase Act 2004specified provision(s)The Planning and Compulsory Purchase Act 2004 (Commencement No. 12, Revocation and Amendment) Order 2010art. 4 SCHEDULE A2 Section 38A(11A)11This Schedule applies if a neighbourhood development plan has effect for a neighbourhood area within the area of a local planning authority.2A qualifying body is entitled to submit a proposal to the local planning authority for the modification of the neighbourhood development plan.3The proposal must be accompanied by—aa draft of the neighbourhood development plan as proposed to be modified (the “draft plan”), andba statement which contains a summary of the proposals and sets out the reasons why the plan should be modified as proposed.4The proposal must—abe made in the prescribed form, andbbe accompanied by other documents and information of a prescribed description.5The qualifying body must send to prescribed persons a copy of—athe proposal,bthe draft plan, andcsuch of the other documents and information accompanying the proposal as may be prescribed.6The Secretary of State may publish a document setting standards for—athe preparation of a draft of a neighbourhood development plan as proposed to be modified and other documents accompanying the proposal,bthe coverage in any document accompanying the proposal of a matter falling to be dealt with in it, andcall or any of the collection, sources, verification, processing and presentation of information accompanying the proposal.7The documents and information accompanying the proposal (including the draft plan) must comply with those standards.21A qualifying body may withdraw a proposal at any time before the local planning authority act in relation to the proposal under paragraph 14.2If—aa proposal by a qualifying body is made by an organisation or body designated as a neighbourhood forum, andbthe designation is withdrawn at any time before the proposal is submitted for independent examination under paragraph 9,the proposal is to be treated as withdrawn by the qualifying body at that time.3If the withdrawal of the designation occurs after the proposal is submitted for independent examination under that paragraph, the withdrawal is not to affect the validity of the proposal.31A local planning authority must give such advice or assistance to a qualifying body as, in all the circumstance, they consider appropriate for the purpose of, or in connection with, facilitating the making of a proposal for the modification of a neighbourhood development plan for a neighbourhood area within their area.2Nothing in this paragraph is to be read as requiring the giving of financial assistance.41The Secretary of State may by regulations make provision as to requirements that must be complied with before proposals for the modification of a neighbourhood development plan may be submitted to a local planning authority or fall to be considered by a local planning authority.2The regulations may in particular make provision—aas to the giving of notice and publicity,bas to the information and documents that are to be made available to the public,cas to the making of reasonable charges for anything provided as a result of the regulations,das to consultation with and participation by the public,eas to the making and consideration of representations (including the time by which they must be made),frequiring prescribed steps to be taken before a proposal of a prescribed description falls to be considered by a local planning authority, andgconferring powers or imposing duties on local planning authorities, the Secretary of State or other public authorities.3The power to make regulations under this paragraph must be exercised to secure that—aprescribed requirements as to consultation with and participation by the public must be complied with before a proposal for the modification of a neighbourhood development plan may be submitted to a local planning authority, andba statement containing the following information in relation to that consultation and participation must accompany the proposal submitted to the authority—idetails of those consulted,iia summary of the main issues raised, andiiiany other information of a prescribed description.51A local planning authority may decline to consider a proposal submitted to them if they consider that it is a repeat proposal.2A proposal (“the proposal in question”) is a “repeat” proposal for the purposes of this paragraph if it meets conditions A and B.3Condition A is that—ain the period of two years ending with the date on which the proposal in question is received, the authority received a proposal under this Schedule (“the earlier proposal”),bthe authority did not make a neighbourhood development plan in response to the earlier proposal as a result of paragraph 8(4) or 14(4) or (8), andcthe earlier proposal was the same as or similar to the proposal in question.4Condition B is that the local planning authority consider that there has been no significant change in circumstances since the earlier proposal was dealt with as mentioned in sub-paragraph (3)(b).6If a local planning authority decline to consider a proposal under paragraph 5 they must notify the qualifying body of that fact and of their reasons for declining to consider it.71This paragraph applies if—aa proposal has been made to a local planning authority,bthe authority have not exercised their powers under paragraph 5 to decline to consider it, andcthe authority consider that the modifications contained in the draft plan to which it relates are so significant or substantial as to change the nature of the neighbourhood development plan which the draft plan would replace.2The local planning authority must instead consider the proposal under paragraph 6 of Schedule 4B to the principal Act (as applied by sections 38A(3) and 38C(5) of this Act).3That Schedule is to apply in relation to the proposal as if the proposal had been submitted to the local planning authority under that Schedule.81This paragraph applies if—aa proposal has been made to a local planning authority,bthe authority have not exercised their power under paragraph 5 to decline to consider it, andcparagraph 7 does not apply.2The authority must consider—awhether the qualifying body is authorised for the purposes of a neighbourhood development plan to act in relation to the neighbourhood area concerned as a result of section 61F of the principal Act (as applied by section 38C(2)(a) of this Act),bwhether the proposal by the body complies with provision made by or under that section,cwhether the proposal and the documents and information accompanying it (including the draft plan) comply with provision made by or under paragraph 1, anddwhether the body has complied with the requirements of regulations made under paragraph 4 imposed on it in relation to the proposal.3The authority must also consider whether the draft plan complies with the provision made by or under sections 38A and 38B.4The authority must—anotify the qualifying body as to whether or not they are satisfied that the matters mentioned in sub-paragraphs (2) and (3) have been met or complied with, andbin any case where they are not so satisfied, refuse the proposal and notify the body of their reasons for refusing it.91This paragraph applies if—aa local planning authority have considered the matters mentioned in paragraph 8(2) and (3), andbthey are satisfied that the matters mentioned there have been met or complied with.2The local planning authority must submit for independent examination—athe draft plan, andbsuch other documents as may be prescribed.3The authority must make such arrangements as they consider appropriate in connection with the holding of the examination.4The authority may appoint a person to carry out the examination, but only if the qualifying body consents to the appointment.5If—ait appears to the Secretary of State that no person may be appointed under sub-paragraph (4), andbthe 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.6The person appointed must be someone who, in the opinion of the person making the appointment—ais independent of the qualifying body and the authority,bdoes not have an interest in any land that may be affected by the draft plan, andchas appropriate qualifications and experience.7The 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.8Those arrangements may include—aprovision requiring payments to be made by the authority to the Secretary of State or other local planning authority, andbother provision in relation to those payments and other financial matters.101The examiner must first determine whether the modifications contained in the draft plan are so significant or substantial as to change the nature of the neighbourhood development plan which the draft plan would replace.2The following provisions of this paragraph apply if the examiner determines that the modifications would have that effect.3The examiner must—anotify the qualifying body and the local planning authority of the determination, andbgive reasons for the determination.4The qualifying body must decide whether it wishes to proceed with the proposal or withdraw it, and must notify the examiner and the local planning authority of that decision.5If the qualifying body notifies the examiner that it wishes to proceed with the proposal, the examiner must consider the draft plan and the documents submitted with it under paragraph 8 of Schedule 4B to the principal Act (as applied by sections 38A(3) and 38C(5) of this Act).6In that event that Schedule is to apply in relation to the draft plan and the documents submitted with it as if they had been submitted to the examiner under that Schedule.111If paragraph 10(2) does not apply, the examiner must consider the following—awhether the draft plan meets the basic conditions (see sub-paragraph (2));bwhether the draft plan complies with the provision made by or under sections 38A and 38B;csuch other matters as may be prescribed.2A draft plan meets the basic conditions if—ahaving regard to national policies and advice contained in guidance issued by the Secretary of State, it is appropriate to make the plan,bthe making of the plan contributes to the achievement of sustainable development,cathe making of the plan would not result in the development plan for the area of the authority proposing that less housing is provided by means of development taking place in that area than if the draft plan were not to be made,dthe making of the plan does not breach, and is otherwise compatible with, assimilated obligations, daany requirements imposed in relation to the plan by or under Part 6 of the Levelling-up and Regeneration Act 2023 (environmental outcomes reports) have been complied with, andeprescribed conditions are met in relation to the plan and prescribed matters have been complied with in connection with the proposal for the plan.3The examiner is not to consider any matter that does not fall within sub-paragraph (1) (apart from considering whether the draft plan is compatible with the Convention rights).121The general rule is that the examination of the issues by the examiner under paragraph 10 or 11 is to take the form of the consideration of written representations.2But the examiner must cause a hearing to be held for the purpose of receiving oral representations about a particular issue at the hearing—ain any case where the examiner considers that there are exceptional reasons for doing so, orbin such other cases as may be prescribed.3The following persons are entitled to make oral representations about the issue at the hearing—athe qualifying body,bthe local planning authority, andcsuch other persons as may be prescribed.4The hearing must be in public.5It is for the examiner to decide how the hearing is to be conducted, including—awhether a person making oral representations may be questioned by another person and, if so, the matters to which the questioning may relate, andbthe amount of time for the making of a person's oral representations or for any questioning by another person.6In 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—aadequate examination of a particular issue, orba person has a fair chance to put a case.7Sub-paragraph (5) is subject to regulations under paragraph 15.131After considering a draft plan under paragraph 11, the examiner must make a report on the draft plan containing recommendations in accordance with this paragraph (and no other recommendations).2The report must recommend either—athat the local planning authority should make the draft plan,bthat the local planning authority should make the draft plan with the modifications specified in the report, orcthat the local planning authority should not make the draft plan.3The only modifications that may be recommended are—amodifications that the examiner considers need to be made to secure that the draft plan meets the basic conditions mentioned in paragraph 11(2),bmodifications that the examiner considers need to be made to secure that the draft plan is compatible with the Convention rights,cmodifications that the examiner considers need to be made to secure that the draft plan complies with the provision made by or under sections 38A and 38B, anddmodifications for the purpose of correcting errors.4The report may not recommend that a plan (with or without modifications) should be made if the examiner considers that the plan does not—ameet the basic conditions mentioned in paragraph 11(2), orbcomply with the provision made by or under sections 38A and 38B.5The report must—agive reasons for each of its recommendations, andbcontain a summary of its main findings.6The examiner must send a copy of the report to the qualifying body and the local planning authority.7The local planning authority must then arrange for the publication of the report in such manner as may be prescribed.141This paragraph applies if an examiner has made a report under paragraph 13.2If the report recommends that the local planning authority should make the draft plan, the authority must do so (subject as follows).3But if the examiner's report recommends that the authority should make the draft plan with the modifications specified in the report, the authority must make the draft plan with those modifications (subject as follows).4Sub-paragraph (2) or (3) does not apply if the authority consider that to make the draft plan or (as the case may be) to do so with those modifications would breach, or would otherwise be incompatible with, any assimilated obligation or any of the Convention rights.5If the authority do not make the draft plan on that ground, they must give reasons to the qualifying body for doing so.6Where sub-paragraph (2) or (3) applies, the authority may make the draft plan with modifications or (as the case may be) modifications other than those specified in the report if—athe authority considers the modifications need to be made to secure that the draft plan is compatible with assimilated obligations and the Convention rights, orbthe modifications are for the purpose of correcting errors.7The authority must make the draft plan or (as the case may be) the draft plan with modifications permitted by this paragraph as soon as reasonably practicable and, in any event, by such date as may be prescribed.8If the examiner's report recommends that the local planning authority should not make the draft plan, the authority must not make the draft plan.151The Secretary of State may by regulations make provision in connection with examinations under paragraph 9.2The regulations may in particular make provision as to—athe giving of notice and publicity in connection with an examination,bthe information and documents relating to an examination that are to be made available to the public,cthe making of reasonable charges for anything provided as a result of the regulations,dthe making of written or oral representations in relation to draft plans (including the time by which written representations must be made),ethe written representations which are to be, or which may be or may not be, considered at an examination,fthe refusal to allow oral representations of a prescribed description to be made at a hearing,gthe procedure to be followed at an examination (including the procedure to be followed at a hearing),hthe payment by a local planning authority of remuneration and expenses of the examiner, andithe award of costs by the examiner.3The regulations may in particular impose duties on an examiner which are to be complied with by the examiner in considering the draft plan under paragraphs 10 and 11 and which require the examiner—ato provide prescribed information to each person within sub-paragraph (4);bto publish a draft report containing the recommendations which the examiner is minded to make in the examiner's report under paragraph 13;cto invite each person within sub-paragraph (4) or representatives of such a person to one or more meetings at a prescribed stage or prescribed stages of the examination process;dto hold a meeting following the issuing of such invitations if such a person requests the examiner to do so.4Those persons are—athe qualifying body,bthe local planning authority, andcsuch other persons as may be prescribed.5Where the regulations make provision by virtue of sub-paragraph (3)(c) or (d), they may make further provision about—athe procedure for a meeting;bthe matters to be discussed at a meeting.16In this Schedule—“the Convention rights” has the same meaning as in the Human Rights Act 1998;“the development plan”—includes a development plan for the purposes of paragraph 1 of Schedule 8 (transitional provisions);does not include so much of a development plan as consists of a neighbourhood development plan under section 38A;“draft plan” has the meaning given by paragraph 1(3);“prescribed” means prescribed by regulations made by the Secretary of State.Sch. A2 inserted (27.4.2017 for specified purposes; 31.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), s. 46(3), Sch. 1; S.I. 2018/38, reg. 3(b)Words in Sch. A2 para. 14(6)(a) substituted (31.12.2020) by The Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1232), regs. 1(2), 3(3)(a); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. A2 para. 14(4) substituted (31.12.2020) by The Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1232), regs. 1(2), 3(3)(b); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. A2 para. 11(2)(d) substituted (31.12.2020) by The Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1232), regs. 1(2), 3(3)(a); 2020 c. 1, Sch. 5 para. 1(1)Word in Sch. A2 para. 11(2)(d) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 53(2)(b)Word in Sch. A2 para. 14(4) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 53(2)(b)Word in Sch. A2 para. 14(6)(a) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 53(2)(b)Sch. A2 para. 11(2)(ca) substituted for Sch. A2 para. 11(2)(c) (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 99(3)(a), 255(3)(b) (with s. 247); S.I. 2026/169, reg. 3(d) (with Sch. 1)Sch. A2 para. 11(2)(da) inserted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 99(3)(b), 255(3)(b) (with s. 247); S.I. 2026/169, reg. 3(d) (with Sch. 1)