Section 15D Independent examination: local plansF1

(1)

A local planning authority must submit their proposed local plan to the Secretary of State for independent examination if a person appointed by the Secretary of State under section 15CA(3) advises that the prescribed requirements are met in relation to the plan.

(2)

The authority must also send or make available to the Secretary of State (in addition to the local plan) such other documents (or copies of documents) and such information as is prescribed.

(3)

The Secretary of State may prescribe the manner in which the local plan, or any document or information to be sent under subsection (2), is to be sent.

(4)

The examination must be carried out by a person appointed by the Secretary of State (“the examiner”).

(5)

The purpose of the independent examination is to determine whether it is reasonable to conclude that the local plan is sound.

(6)

Any person who makes representations in relation to the local plan must (if that person so requests) be given the opportunity to appear before and be heard by the examiner.

(7)

At any time before the examiner makes a recommendation under any of the following subsections, if the examiner considers that—

(a)

certain matters need to be dealt with in order for it to become reasonable to conclude that the local plan is sound, and

(b)

those matters could be dealt with by pausing the examination under section 15DA for further work to be carried out,

the examiner may decide that the examination is to be so paused.

(8)

The Secretary of State may by notice to the examiner—

(a)

direct the examiner not to take any step, or any further step, in connection with the examination of the local plan, or of a specified part of it, until a specified time or until the direction is withdrawn;

(b)

require the examiner—

(i)

to consider any specified matters;

(ii)

to give an opportunity, or further opportunity, to specified persons to appear before and be heard by the examiner;

(iii)

to take any specified procedural step in connection with the examination.

In this subsection “specified” means specified in the notice.

(9)

Where the examiner—

(a)

has carried out the examination, and

(b)

considers that, in all the circumstances, it would be reasonable to conclude that the local plan is sound,

the examiner must recommend that the local plan is adopted and give reasons for the recommendation.

(10)

Subsections (11) and (12) apply where the examiner—

(a)

has carried out the examination, and

(b)

is not required by subsection (9) to recommend that the local plan is adopted.

(11)

If the examiner considers that, if certain modifications were made to the local plan, it would become reasonable to conclude that the plan is sound, the examiner must—

(a)

recommend that those modifications are made and that the plan is then adopted, and

(b)

give reasons for the recommendation.

(12)

If the examiner is not required by subsection (11) to recommend that the local plan is adopted with modifications and the examination is not paused or to be paused under section 15DA, the examiner must—

(a)

recommend that the local plan is withdrawn, and

(b)

give reasons for the recommendation.

(13)

The local planning authority must publish the recommendations and reasons they receive under this section.

Annotations

Textual amendments

F1: Ss. 15A-15LH and cross-headings substituted for ss. 15-37 and cross-heading (3.3.2026 for the purpose of making regulations only, excluding ss. 15A-15AI, 15K and 15LE(2)(a)(b)(c)(k)(l)(3); 25.3.2026 in so far as not already in force for the insertion of ss. 15B(1)(2)(a)(c)-(i)(3)-(12), 15BA-15C, 15CA(1)-(6)(a)-(g)(i)(7)(8), 15CB-15EA, 15G-15HA, 15HC-15JB, 15L-15LD, 15LE(1)(2)(d)-(j)(m)-(p)(3)(4), 15LF-15LG and 15LH (in part), otherwise prosp.) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 7 (with s. 247); S.I. 2026/169, regs. 2, 3(b) (with Schs. 1, 2) (as amended by S.I. 2026/333, regs. 1(2), 2)

Notes on Part 2

Modifications

C1: Pt. 2 modified (temp.) (28.11.2008) by Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008 (S.I. 2008/2867), regs. 1(1), 21(1), 23(2) (with reg. 1(2))
C2: Pt. 2 modified (25.3.2026) by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 7
C3: Pt. 2 applied (25.3.2026) by The Town and Country Planning (Local Planning) (England) Regulations 2026 (S.I. 2026/186), regs. 1(2), 78(8) (with Sch.)
C4: Pt. 2 modified (16.4.2026) by S.I. 2026/170, reg. 7A (as inserted by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) (Amendment) Regulations 2026 (S.I. 2026/350), regs. 1(2), 2)