SCHEDULES

F1SCHEDULE A2Modification of neighbourhood development plans

Annotations:
Amendments (Textual)
F1

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)

Recommendation by examiner

13

1

After 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).

2

The report must recommend either—

a

that the local planning authority should make the draft plan,

b

that the local planning authority should make the draft plan with the modifications specified in the report, or

c

that the local planning authority should not make the draft plan.

3

The only modifications that may be recommended are—

a

modifications that the examiner considers need to be made to secure that the draft plan meets the basic conditions mentioned in paragraph 11(2),

b

modifications that the examiner considers need to be made to secure that the draft plan is compatible with the Convention rights,

c

modifications 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, and

d

modifications for the purpose of correcting errors.

4

The report may not recommend that a plan (with or without modifications) should be made if the examiner considers that the plan does not—

a

meet the basic conditions mentioned in paragraph 11(2), or

b

comply with the provision made by or under sections 38A and 38B.

5

The report must—

a

give reasons for each of its recommendations, and

b

contain a summary of its main findings.

6

The examiner must send a copy of the report to the qualifying body and the local planning authority.

7

The local planning authority must then arrange for the publication of the report in such manner as may be prescribed.