OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Rules)

Part 1A of the Planning and Compulsory Purchase Act 2004 (c. 5) (inserted by section 58 of the Planning and Infrastructure Act 2025 (c. 34)) requires strategic planning authorities to prepare a spatial development strategy. Unless the Secretary of State directs otherwise, a draft spatial development strategy must be subject to an examination.

These Rules make provision about the procedure to be followed in connection with the examination of a draft spatial development strategy.

Rules 1 to 3 deal with introductory matters, including key definitions.

Rule 4 requires the examiner to publish a list of the matters to be examined at the examination and any questions arising in connection with those matters. It also requires the examiner to publish a statement inviting written submissions on the matters to be examined and requests to participate in the examination.

Rule 5 sets out the requirements for written submissions on the matters to be examined and requests to participate in the examination.

Rule 6 allows the examiner to determine the procedure by which a matter is to be examined.

Rule 7 requires the examiner to publish a list of the persons invited to take part in the examination together with a timetable for the examination and copies of any written submissions received in accordance with rule 5.

Rule 8 requires the examiner to give notice of any hearing.

Rule 9 allows the examiner to request further information in connection with the examination.

Rule 10 requires the examiner’s report to be in writing. In relation to an examination under section 12I of the Planning and Compulsory Purchase Act 2004, rule 10 also requires a copy of the report to be sent to the Secretary of State. In relation to an examination under section 12P(6)(a) of the Planning and Compulsory Purchase Act 2004, rule 10 requires a copy of the report to also be sent to the strategic planning authority.

Rules 11 and 12 set out the requirements for publicity by strategic planning authorities and the Secretary of State.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. An impact assessment has been published in relation to the Planning and Infrastructure Act 2025 and can be found at https://bills.parliament.uk/bills/3946/publications and can be inspected at the Ministry of Housing, Communities and Local Government, 2 Marsham Street, London, SW1P 4DF.