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Regulation 27 Consideration of proposals following a local inquiry or other hearing

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

(1)

Where a local planning authority cause a local inquiry or other hearing to be held for a purpose mentioned in regulation 26(1), the authority shall, after considering the report of the person holding the inquiry or other hearing, prepare a statement of–

(a)

the decisions they have reached in the light of the report and any recommendations contained in the report; and

(b)

the reasons for any of those decisions which do not follow a recommendation contained in the report.

(2)

Where a list of proposed modifications to the plan or proposals is made available for inspection under regulation 29(1) after the statement of decisions and reasons is prepared that statement shall be made available for inspection from the date on which, and at the places at which, the list is made available for inspection.

(3)

Where such a list is not made available for inspection under regulation 29(1) after the statement of decisions and reasons is prepared, the local planning authority shall–

(a)

give notice by local advertisement in Form 9;

(b)

serve a notice in similar form on any person who has objected to, or made a representation in respect of, the plan or proposals in accordance with these Regulations and not withdrawn the objection or representation and on such other persons as the authority think fit; and

(c)

make copies of the statement of decisions and reasons available for inspection at any place at which the plan or proposals were made available for inspection under regulation 22(1)(a).

(4)

Where the report of the person holding the inquiry or other hearing contains recommendations that the plan or proposals should be modified in a manner specified in the report and the local planning authority intend not to accept one or more of those recommendations–

(a)

the authority shall make a list of the recommendations that they do not intend to accept available for inspection at any place at which the plan or proposals were made available for inspection under regulation 22(1)(a);

(b)

the notice given in Form 9, or in Form 10, as the case may be, shall record the authority’s intention not to accept those recommendations and invite objections and representations to be made in respect of that intention within six weeks of the date on which the notice is first published in a local newspaper;

(c)

paragraphs (3) and (4) of regulation 29 shall apply to any objection and representation made in respect of that intention as they apply to objections and representations made in respect of proposed modifications;

(d)

where a local inquiry or other hearing is held to consider one or more of the objections made to that intention, regulation 26 shall apply as that regulation applies in the case of a plan or proposals, and this regulation shall apply following such a local inquiry or other hearing as it applies to a local inquiry or other hearing mentioned in paragraph (1); and

(e)

where objections have been made to that intention in accordance with these Regulations and not withdrawn and the local planning authority do not cause a local inquiry or other hearing to be held, regulation 28 shall apply to the consideration of the objections as it applies to the consideration of objections to a plan or proposals.

(5)

Where notice is given in Form 9 and paragraph (4) does not apply, the notice shall give 28 days notice of the local planning authority’s intention to adopt the plan or proposals.