Planning and Compulsory Purchase Act 2004

[F1 15DB Independent examination: supplementary plans E+W

(1) A relevant plan-making authority must submit each supplementary plan that they propose to adopt for independent examination.

(2) The supplementary plan must be submitted to—

(a) the Secretary of State, in order for the examination to be carried out by a person appointed by the Secretary of State, or

(b) a person who, in the opinion of the relevant plan-making authority—

(i) is independent of the authority,

(ii) does not have an interest in any land that may be affected by the supplementary plan, and

(iii) has appropriate qualifications and experience.

(3) In the following provisions of this section, the person appointed by the Secretary of State under paragraph (a) of subsection (2), or (as the case may be) the person to whom the supplementary plan is submitted under paragraph (b) of that subsection, is “the examiner”.

(4) The authority must also send or make available to the examiner (in addition to the supplementary plan) such other documents (or copies of documents) and such information as is prescribed.

(5) The purpose of the independent examination is to determine in respect of the supplementary plan—

(a) whether the requirements of section 15CC, and regulations under subsection (11) of that section relating to the preparation of the plan, have been met, and

(b) whether the relevant plan-making authority have had regard to any guidance issued by the Secretary of State which may be relevant.

(6) The general rule is that the independent examination is to take the form of written representations.

(7) But the examiner must cause a hearing to be held for the purposes of receiving oral representations in any case where the examiner considers that the consideration of oral representations is necessary to ensure adequate examination of an issue or that a person has a fair chance to put a case.

(8) If a hearing is held under subsection (7), any person who makes representations about the matters mentioned in subsection (5) must (if that person so requests) be given the opportunity to appear before and be heard by the examiner

(9) Where the examiner considers that, in all the circumstances, it would be reasonable to conclude—

(a) that the requirements mentioned in subsection (5)(a) have been met, and

(b) the relevant plan-making authority have had regard to any guidance issued by the Secretary of State which may be relevant,

the examiner must recommend that the supplementary plan is adopted and give reasons for the recommendation.

(10) Subsections (11) and (12) apply where the examiner—

(a) has carried out the examination, and

(b) is not required by subsection (9) to recommend that the supplementary plan is adopted.

(11) If the examiner considers that—

(a) certain modifications of the supplementary plan would result in it being reasonable to conclude, in all the circumstances, that the requirements mentioned in subsection (5)(a) are met, and

(b) it is, in all the circumstances, reasonable to conclude that the relevant plan-making authority have had regard to any guidance issued by the Secretary of State which may be relevant,

the examiner must recommend that those modifications are made and that the plan is then adopted and give reasons for the recommendation.

(12) Where the examiner has carried out the examination and is not required by subsection (11) to recommend that the supplementary plan is adopted with modifications, the examiner must—

(a) recommend that the supplementary plan is withdrawn, and

(b) give reasons for the recommendation.

(13) The relevant plan-making authority must publish the recommendations and reasons they receive under this section.]

Textual Amendments

F1 Ss. 15A-15LH and cross-headings substituted for ss. 15-37 and cross-heading (3.3.2026 for the purpose of making regulations only, excluding ss. 15A-15AI, 15K and 15LE(2)(a)(b)(c)(k)(l)(3); 25.3.2026 in so far as not already in force for the insertion of ss. 15B(1)(2)(a)(c)-(i)(3)-(12), 15BA-15C, 15CA(1)-(6)(a)-(g)(i)(7)(8), 15CB-15EA, 15G-15HA, 15HC-15JB, 15L-15LD, 15LE(1)(2)(d)-(j)(m)-(p)(3)(4), 15LF-15LG and 15LH (in part), otherwise prosp.) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 7 (with s. 247); S.I. 2026/169, regs. 2, 3(b) (with Schs. 1, 2) (as amended by S.I. 2026/333, regs. 1(2), 2)