Regulation 58 Repeat of gateway 3: further prescribed requirements assessment by an appointed person
Subject to paragraphs (8) and (9), this regulation only applies where—
a minerals and waste planning authority have sought observations and advice under section 15CA(3) of the Act in accordance with regulation 56(1) and (2) (gateway 3: prescribed requirements assessment), and
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 57 are not met in relation to the minerals and waste planning authority’s proposed minerals and waste plan document.
As soon as is reasonably practicable after receiving such advice, the minerals and waste planning authority must take such steps as are necessary to—
address the reasoned justification for each conclusion included in the advice in accordance with regulation 56(4)(a) and (b) that a requirement prescribed by regulation 57 has not been met, and
ensure that the requirements prescribed by regulation 57 are met in relation to their proposed minerals and waste plan document.
As soon as is reasonably practicable after complying with paragraph (2), the minerals and waste 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 57 are met in relation to their proposed minerals and waste plan document.
A minerals and waste 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).
Observations or advice provided under section 15CA(3) of the Act in accordance with this regulation must—
set out the conclusion of the appointed person as to whether each requirement prescribed by regulation 57 is met or (as the case may be) not met in relation to the proposed minerals and waste plan document,
contain a reasoned justification for each conclusion, and
be sent to the minerals and waste planning authority by way of electronic communications and the textual content must be set out in typescript.
When a minerals and waste 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—
make the observations or advice available in accordance with regulation 88,
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
send a copy of the observations or advice to each person identified or referred to in the observations or advice.
Where the appointed person has advised that each of the requirements prescribed by regulation 57 are met in relation to their proposed minerals and waste plan document, on the same day as the minerals and waste planning authority comply with paragraph (6), the authority must make available in accordance with regulation 88—
a gateway 3 completion statement, and
the gateway 3 submission documents.
Where an appointed person from whom a minerals and waste planning authority has sought further observations and advice under this regulation has advised that one or more of the requirements prescribed by regulation 57 are not met in relation to the authority’s proposed minerals and waste plan document, the authority must comply with paragraphs (2) and (3) again, but the reference to regulation 56(4)(a) and (b) in paragraph (2)(a) must be read as a reference to paragraph (5)(a) and (b).
Where a minerals and waste 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.