PART 5Neighbourhood development plans

F1Decision on examiner’s recommendations17A

1

This regulation applies where an examiner has made a report under paragraph 10 of Schedule 4B to the 1990 Act (applied by section 38A(3) of the 2004 Act) in relation to a plan proposal.

2

The persons prescribed for the purposes of paragraph 13(1) of that Schedule are—

a

the qualifying body;

b

any person whose representation was submitted to the examiner of the plan proposal in accordance with regulation 17(d); and

c

any consultation body which is referred to in the consultation statement mentioned in regulation 15.

3

Representations invited under paragraph 13(1) must be submitted on or before the date which is the last day of the period of 6 weeks beginning with the day immediately following that on which the local planning authority first invited representations.

4

On or F2before the date prescribed in paragraph (5) the local planning authority must decide what action to take in response to each recommendation made by the report mentioned in paragraph (1).

5

The date prescribed in this paragraph is—

a

where the local planning authority and the qualifying body agree a date, that date;

b

where sub-paragraph (a) does not apply but paragraph 13 of Schedule 4B to the 1990 Act (applied by section 38A(3) of the 2004 Act) applies—

i

where the authority refer the issue to independent examination, the date which is the last day of the period of 5 weeks beginning with the day immediately following that on which they receive the report of the examiner on that issue;

ii

where the authority do not refer the issue to independent examination, the date which is the last day of the period of 5 weeks beginning with the day immediately following the date prescribed in paragraph (3);

c

in all other cases, the date which is the last day of the period of 5 weeks beginning with the day immediately following that on which the local planning authority receive the report mentioned in paragraph (1).