Planning and Compulsory Purchase Act 2004

This section has no associated Explanatory Notes

[F111(1)If paragraph 10(2) does not apply, the examiner must consider the following—E+W

(a)whether the draft plan meets the basic conditions (see sub-paragraph (2));

(b)whether the draft plan complies with the provision made by or under sections 38A and 38B;

(c)such other matters as may be prescribed.

(2)A draft plan 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 plan,

(b)the making of the plan contributes to the achievement of sustainable development,

(c)the making of the plan 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),

(d)the making of the plan does not breach, and is otherwise compatible with, [F2retained EU obligations], and

(e)prescribed conditions are met in relation to the plan and prescribed matters have been complied with in connection with the proposal for the plan.

(3)The examiner is not to consider any matter that does not fall within sub-paragraph (1) (apart from considering whether the draft plan is compatible with the Convention rights).]

Textual Amendments

F1Sch. 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)