Paragraph 13 F1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 4B para. 8(2)(b) words inserted by Levelling-up and Regeneration Act 2023 s. 102(2)(a)(i)
Sch. 4B para. 11(3)-(5) inserted by Neighbourhood Planning Act 2017 s. 7
Sch. 4B para. 8(2)(ca) inserted by Levelling-up and Regeneration Act 2023 s. 102(2)(a)(ii)
Sch. 4B para. 8(4A)(4B) inserted by Levelling-up and Regeneration Act 2023 s. 102(2)(b)
Sch. 4B para. 5(5)(za) inserted by Levelling-up and Regeneration Act 2023 Sch. 6 para. 12(a)
Sch. 4B para. 8(2)(da) inserted by Levelling-up and Regeneration Act 2023 Sch. 6 para. 12(b)

(1)

If—

(a)

the local planning authority propose to make a decision which differs from that recommended by the examiner, and

(b)

the reason for the difference is (wholly or partly) as a result of new evidence or a new fact or a different view taken by the authority as to a particular fact,

the authority must notify prescribed persons of their proposed decision (and the reason for it) and invite representations.

(2)

If the authority consider it appropriate to do so, they may refer the issue to independent examination.

(3)

Regulations may make provision about examinations under this paragraph (and the regulations may include any provision of a kind mentioned in paragraph 11(2)).

(4)

This paragraph does not apply in relation to recommendations in relation to the area in which a referendum is to take place.

Annotations

Textual amendments

F1: Sch. 4B inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 116(2), 240(5)(j), Sch. 10; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

Notes on Schedule 4B

Modifications

C1: Sch. 4B applied (with modifications) by 2004 c. 5, ss. 38A(3), 38C(5) (as inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 9 para. 7; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2 (which affecting provision is amended (25.3.2026) by Levelling Up and Regeneration Act 2023 (c. 55), ss. 99(2), 255(3)(b) (with s. 247); S.I. 2026/169, reg. 3(d) (with Sch. 1))