C1Part 2Local development
Documents
I1I2C2C120C1Independent examination
1
The local planning authority must submit every development plan document to the Secretary of State for independent examination.
2
But the authority must not submit such a document unless—
a
they have complied with any relevant requirements contained in regulations under this Part, and
b
they think the document is ready for independent examination.
3
The authority must also send to the Secretary of State (in addition to the development plan document) such other documents (or copies of documents) and such information as is prescribed.
4
The examination must be carried out by a person appointed by the Secretary of State.
5
The purpose of an independent examination is to determine in respect of the development plan document—
a
whether it satisfies the requirements of sections 19 and 24(1), regulations under section 17(7) and any regulations under section 36 relating to the preparation of development plan documents;
b
whether it is sound.F1; and
c
whether the local planning authority complied with any duty imposed on the authority by section 33A in relation to its preparation.
6
Any person who makes representations seeking to change a development plan document must (if he so requests) be given the opportunity to appear before and be heard by the person carrying out the examination.
F36A
The Secretary of State may by notice to the person appointed to carry out the examination—
a
direct the person not to take any step, or any further step, in connection with the examination of the development plan document, or of a specified part of it, until a specified time or until the direction is withdrawn;
b
require the person—
i
to consider any specified matters;
ii
to give an opportunity, or further opportunity, to specified persons to appear before and be heard by the person;
iii
to take any specified procedural step in connection with the examination.
In this subsection “specified” means specified in the notice.
F27
Where the person appointed to carry out the examination—
a
has carried it out, and
b
considers that, in all the circumstances, it would be reasonable to conclude—
i
that the document satisfies the requirements mentioned in subsection (5)(a) and is sound, and
ii
that the local planning authority complied with any duty imposed on the authority by section 33A in relation to the document's preparation,
the person must recommend that the document is adopted and give reasons for the recommendation.
7A
Where the person appointed to carry out the examination—
a
has carried it out, and
b
is not required by subsection (7) to recommend that the document is adopted,
the person must recommend non-adoption of the document and give reasons for the recommendation.
7B
Subsection (7C) applies where the person appointed to carry out the examination—
a
does not consider that, in all the circumstances, it would be reasonable to conclude that the document satisfies the requirements mentioned in subsection (5)(a) and is sound, but
b
does consider that, in all the circumstances, it would be reasonable to conclude that the local planning authority complied with any duty imposed on the authority by section 33A in relation to the document's preparation.
7C
If asked to do so by the local planning authority, the person appointed to carry out the examination must recommend modifications of the document that would make it one that—
a
satisfies the requirements mentioned in subsection (5)(a), and
b
is sound.
8
The local planning authority must publish the recommendations and the reasons.
Pt. 2 modified (temp.) (28.11.2008) by Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008 (S.I. 2008/2867), regs. 1(1), 21(1), 23(2) (with reg. 1(2))