Planning and Compulsory Purchase Act 2004

64 Independent examination E+W

(1) The local planning authority must submit their local development plan to the Assembly for independent examination.

(2) But the authority must not submit a plan unless—

(a) they have complied with any relevant requirements contained in regulations under this Part, and

(b) they think the plan is ready for independent examination.

(3) The authority must also send to the Assembly (in addition to the local development plan) 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 Assembly.

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

(a) whether it satisfies the requirements of sections 62 and 63 and of regulations under section 77;

(b) whether it is sound.

(6) Any person who makes representations seeking to change a local development plan must (if he so requests) be given the opportunity to appear before and be heard by the person carrying out the examination.

(7) The person appointed to carry out the examination must—

(a) make recommendations;

(b) give reasons for the recommendations.

(8) The local planning authority must publish the recommendations and the reasons.

Commencement Information

I1 S. 64 in force at 5.10.2005 for specified purposes and 15.10.2005 in so far as not already in force by S.I. 2005/2722, art. 2(b)