[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, [F2assimilated] 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 ” [F3means—
(a)a listed building (within the meaning given by section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990) situated in England, or
(b)a listed building (within the meaning given by section 76 of the Historic Environment (Wales) Act 2023) situated in Wales.]
(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).
Textual Amendments
F2Word in Sch. 4B para. 8(2)(f) 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. 27(2)(b)
F3Words in Sch. 4B para. 8(5) substituted (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 92 (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)
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.]