The Neighbourhood Planning (General) Regulations 2012

[F1Decision on examiner’s recommendationsE+W

This section has no associated Explanatory Memorandum

17A.—(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).]

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