OpenLegislation

Regulation 32 Gateway 3: prescribed requirements

Original text. Later amendments are not shown.

The requirements prescribed for the purposes of section 15D(1) of the Act are that the person appointed by the Secretary of State under section 15CA(3) of the Act must be satisfied that—

(a)

the proposed local plan sets out policies of the local planning authority (however expressed) in relation to the amount, type and location of, and timetable for, development in the local planning authority’s area in accordance with section 15C(3) of the Act,

(b)

the proposed local plan, in accordance with regulation 11 (form and content of local plans)—

(i)

contains a vision for the future of the local planning authority’s area (however expressed) setting out how the area is intended to change over the period of the plan and which relates to the particular characteristics or circumstances of the local planning authority’s area,

(ii)

contains no more than ten measurable outcomes, designed to monitor progress towards meeting the vision for the future of the local planning authority’s area, and

(iii)

includes content of the nature specified in regulation 11(4) (superseded policies), unless the local planning authority’s statement of compliance sets out details as to why they consider that this requirement is not engaged in relation to the plan,

(c)

the proposed local plan is designed to secure that the use and development of land in the local planning authority’s area contribute to the mitigation of, and adaptation to, climate change in accordance with section 15C(6) of the Act,

(d)

the proposed local plan takes account of any local nature recovery strategy that relates to all or part of the local planning authority’s area in accordance with section 15C(7) of the Act, including in particular the matters set out in section 15C(7)(a) to (c),

(e)

the proposed local plan takes account of an assessment of the amount, and type, of housing that is needed in the local planning authority’s area, including the amount of affordable housing that is needed in accordance with section 15C(8) of the Act,

(f)

the proposed local plan does not include anything that is not permitted or required by or under section 15C(3) to (5) or (10) of the Act, or regulation 11, in accordance with section 15C(9)(a) of the Act,

(g)

the local planning authority have complied with section 15CA(3) of the Act at the times prescribed by regulations 26 (gateway 2), 31 (gateway 3: prescribed requirements assessment) and, where it applies, regulation 33 (repeat of gateway 3),

(h)

the local planning authority have published, in accordance with section 15CA(5) of the Act and regulation 26(5)(a), any observations or advice received under section 15CA(3) of the Act sought in accordance with regulation 26 (gateway 2),

(i)

in preparing their proposed local plan, the local planning authority have had regard to the matters set out in section 15CA(6) of the Act, and in regulation 14,

(j)

the local planning authority have prepared the documents prescribed by regulation 34(1)(a) and (c) to (i) (independent examination submission documents),

(k)

the local planning authority’s map of proposed local plan policies accurately illustrates the proposed geographical application of policies which relate to part of the authority’s area in their proposed local plan, and

(l)

the local planning authority are ready to proceed to independent examination in respect of their proposed local plan.