# The Town and Country Planning (Local Planning) (England) Regulations 2026, Regulation 33: Repeat of gateway 3: further prescribed requirements assessment by an appointed person


(1) Subject to paragraphs (8) and (9), this regulation only applies where—
(a) a local planning authority have sought observations and advice under section 15CA(3) of the Act in accordance with regulation 31(1) and (2) (gateway 3: prescribed requirements assessment), and
(b) the person appointed by the Secretary of State under section 15CA(3) of the Act (“the appointed person”) has advised that one or more of the requirements prescribed by regulation 32 are not met in relation to the local planning authority’s proposed local plan.
(2) As soon as is reasonably practicable after receiving such advice, the local planning authority must take such steps as are necessary to—
(a) address the reasoned justification for each conclusion included in the advice in accordance with regulation 31(4)(a) and (b) that a requirement prescribed by regulation 32 has not been met, and
(b) ensure that the requirements prescribed by regulation 32 are met in relation to their proposed local plan.
(3) As soon as is reasonably practicable after complying with paragraph (2), the local planning authority must seek further observations and advice under section 15CA(3) of the Act as to whether each of the requirements prescribed by regulation 32 are met in relation to their proposed local plan.
(4) A local planning authority must send to the appointed person the gateway 3 submission documents (as updated following the steps taken in accordance with paragraph (2)), on the same day as the authority comply with paragraph (3).
(5) Observations or advice provided under section 15CA(3) of the Act and this regulation must—
(a) set out the conclusion of the appointed person as to whether each requirement prescribed by regulation 32 is met or (as the case may be) not met in relation to the proposed local plan,
(b) contain a reasoned justification for each conclusion, and
(c) be sent to the local planning authority by way of electronic communications and the textual content must be set out in typescript.
(6) When a local planning authority publish observations or advice received under section 15CA(3) of the Act and this regulation in accordance with section 15CA(5) of the Act, the authority must on the same day—
(a) make the observations or advice available in accordance with regulation 88,
(b) notify each person who requested to be notified of the publication of observations or advice under section 15CA(5) of the Act and such other persons as the authority consider appropriate that the observations or advice are published, and
(c) send a copy of the observations or advice to each person identified or referred to in the observations or advice.
(7) Where the appointed person has advised that each of the requirements prescribed by regulation 32 are met in relation to their proposed local plan, on the same day as the local planning authority comply with paragraph (6), the authority must make available in accordance with regulation 88—
(a) a gateway 3 completion statement, and
(b) the gateway 3 submission documents.
(8) Where an appointed person from whom a local planning authority has sought further observations and advice under this regulation has advised that one or more of the requirements prescribed by regulation 32 are not met in relation to the authority’s proposed local plan, the authority must comply with paragraphs (2) and (3) again, but the reference to regulation 31(4)(a) and (b) in paragraph (2)(a) must be read as a reference to paragraph (5)(a) and (b).
(9) Where a local planning authority seeks further observations and advice in accordance with paragraph (8), the requirements in paragraphs (4) to (7) apply in relation to those further observations and advice.

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Source: https://www.legislation.gov.uk/uksi/2026/186/regulation/33 (the official version)
Page: https://openlegislation.uk/town-and-country-planning-local-planning-england-regulations-2026/regulation-33
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.