The Town and Country Planning (Local Planning) (England) Regulations 2026

• “proposed local plan content and evidence” means a document setting out— a proposed vision for the future of the local planning authority’s area and proposed measurable outcomes, any proposed aims and objectives of the local planning authority for the period of the local plan, including the approach that the authority propose to take to achieve the proposed vision for the future of the authority’s area, a summary of the local planning authority’s proposed approach in relation to policies of the kind mentioned in section 15C(3) and (4)(a) of the Act, in particular policies relating to the location of development in the authority’s area, where the local planning authority’s notice of intention to commence local plan preparation specified under regulation 19(4) that their local plan is to incorporate all or part of their minerals and waste plan, a summary of the authority’s proposed approach in relation to policies of the kind mentioned in section 15CB(2) and (3)(a) of the Act, in particular policies relating to the location of minerals and waste development[^f00063] in the authority’s relevant area, details of the evidence that the local planning authority has gathered to support the local plan, if any, and a summary of the further evidence that the authority intends to gather in this respect, and such supporting information relating to the proposed local plan as the local planning authority consider appropriate.

Publication of summary of consultation on proposed local plan content and evidence

24

• (1) A local planning authority must prepare, in connection with the preparation of their local plan, a document to be known as their “summary of consultation on proposed local plan content and evidence”.

• (2) The summary of consultation on proposed local plan content and evidence must set out—

• (a) the general consultation bodies and the specific consultation bodies who were invited to make representations under regulation 23,

• (b) the manner by which those invited bodies were asked to make any representations under regulation 23,

• (c) if representations were made under regulation 23, whether by persons invited to do so or otherwise, a summary of the main issues raised in those representations,

• (d) if representations were made under regulation 23, how the local planning authority have, to date, had regard to those representations in accordance with section 15CA(6)(b) of the Act, and

• (e) if applicable, that no representations were made under regulation 23.

• (3) A local planning authority must make their summary of consultation on proposed local plan content and evidence available in accordance with regulation 88 no earlier than on the day after the date specified in the notice of plan content and evidence consultation.

Map of proposed local plan policies

25

• (1) A local planning authority must prepare, in connection with the preparation of their local plan, a document to be known as their “map of proposed local plan policies”.

• (2) The map of proposed local plan policies must include a map of the local planning authority’s area which must—

• (a) be reproduced from, or based on, an Ordnance Survey map,

• (b) include an explanation of symbols or notations which it uses, and

• (c) visually illustrate the geographical application of policies which relate to part of the local planning authority’s area in their proposed local plan.

• (3) For each policy which relates to the whole of the local planning authority’s area in their proposed local plan, the map of proposed local plan policies must include text setting out—

• (a) the title of the policy, if any,

• (b) the reference number of the policy, if any, and

• (c) a description of the policy.

Gateway 2: observations and advice from an appointed person

26

• (1) A local planning authority must seek observations and advice of the nature specified in paragraph (2) in relation to their proposed local plan under section 15CA(3) of the Act no earlier than on the day after the date on which the authority make their summary of consultation on proposed local plan content and evidence available under regulation 24(3).

• (2) A local planning authority must seek—

• (a) observations on any proposed local plan content which the local planning authority send to the person appointed by the Secretary of State under section 15CA(3) of the Act (“the appointed person”) in accordance with paragraph (3), including progress towards the preparation of a local plan which it would be reasonable for an examiner to conclude is sound when submitted for independent examination under section 15D(1) of the Act,

• (b) advice on preparing a local plan which is one which it would be reasonable for an examiner to conclude is sound when submitted for independent examination under section 15D(1) of the Act, including further work which could be carried out by the authority, if any, and

• (c) observations and advice on the local planning authority’s progress towards—

• (i) meeting the requirements prescribed by regulation 32(a) to (f), (i) and (k) (gateway 3: prescribed requirements), and

• (ii) preparing a local plan which is in general conformity with the spatial development strategy, if one is operative in relation to the area of the local planning authority, in accordance with section 15CA(2) of the Act.

• (3) A local planning authority must send to the appointed person such documents or other information as the authority consider necessary in order for that person to provide observations and advice of the nature specified in paragraph (2), on the same day as the authority comply with paragraph (1).

• (4) The appointed person must send observations or advice provided in accordance with this regulation to the local planning authority by way of electronic communications, and the textual content of the observations or advice must be set out in typescript.

• (5) 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) make available in accordance with regulation 88 all documents or other information sent to the appointed person in accordance with paragraph (3),

• (c) 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

• (d) send a copy of the observations or advice to each person identified or referred to in the observations or advice.

Consultation on the proposed local plan

27

• (1) No earlier than on the day after the date on which a local planning authority publish, in accordance with section 15CA(5) of the Act, observations or advice received under section 15CA(3) and regulation 26, the authority must—

• (a) make a notice of proposed local plan consultation available in accordance with regulation 88,

• (b) make the proposed local plan submission documents available in accordance with regulation 88,

• (c) notify each of the persons specified in paragraph (2) that the notice of proposed local plan consultation and the proposed local plan submission documents are available for inspection and of the places and times at which they can be inspected, and

• (d) invite each of the persons specified in paragraph (2) to make representations to the local planning authority about the proposed local plan submission documents.

• (2) The persons specified in this paragraph are—

• (a) such of the general consultation bodies as the local planning authority consider appropriate,

• (b) such of the specific consultation bodies as the local planning authority consider may have an interest in the proposed local plan,

• (c) such residents or other persons carrying on business in the local planning authority’s area as the authority consider appropriate, and

• (d) any person who requested to be notified of the making available of the proposed local plan submission documents.

• (3) Any person may make representations to a local planning authority about the proposed local plan submission documents.

• (4) Any representations made under this regulation must be received by the local planning authority by the date specified in the notice of proposed local plan consultation.

• (5) In this regulation—

• “notice of proposed local plan consultation” means a notice specifying— details of where the proposed local plan submission documents made available in accordance with paragraph (1)(b) are available for inspection and of the places and times at which they can be inspected, the date on or before which representations about the proposed local plan submission documents must be received by the local planning authority, which must be a date not less than eight weeks from the date on which the notice is published, the address to which representations about the proposed local plan submission documents may be made, and that representations about the proposed local plan submission documents may be accompanied by a request to be notified at a specified address when one or more of the following steps occur— the publication of observations or advice under section 15CA(5) of the Act; the submission of the proposed local plan to the Secretary of State for independent examination under section 15D(1) of the Act; the making available of the matters specified in regulation 35(2) in accordance with regulation 35(1)(a) (independent examination: local plans); a decision under section 15D(7) of the Act that the examination under that section is to be paused under section 15DA of the Act for further work to be carried out; the publication under section 15DA(7) of the Act of the document and any evidence which is sent to the examiner under section 15DA(6); the publication of the recommendations and reasons received under section 15D or section 15DA of the Act, in accordance with section 15D(13) or section 15DA(10); the adoption or approval of the local plan under Part 2 of the Act;

• “proposed local plan submission documents” means the following documents— the local planning authority’s proposed local plan; the local planning authority’s map of proposed local plan policies; a document setting out details of the evidence which the local planning authority has gathered to support the proposed local plan; a statement setting out— the general consultation bodies and the specific consultation bodies who were invited to make representations under regulation 20 (scoping consultation) and regulation 23 (consultation on proposed local plan content and evidence), the manner by which those invited bodies were asked to make any representations, a summary of the main issues raised by those representations, and how those main issues have been addressed in the proposed local plan; such supporting documents as the local planning authority consider relevant to the preparation of the proposed local plan.

Conformity with operative spatial development strategy

28

• (1) This regulation applies only to a local planning authority in relation to whose area there is an operative spatial development strategy[^f00064].

• (2) When a local planning authority comply with regulation 27(1) (consultation on the proposed local plan), the authority must on the same day—

• (a) notify the authority or person who published or adopted the spatial development strategy that the proposed local plan submission documents and notice of proposed local plan consultation are available for inspection and of the places and times at which they can be inspected, and

• (b) invite that authority or person to make representations to the local planning authority about whether the proposed local plan is in general conformity with the spatial development strategy by the date specified in the notice of proposed local plan consultation.

Supplementary plans statement

29

• (1) Paragraphs (2) to (4) apply where the development plan for a local planning authority’s area which has effect includes one or more supplementary plans prepared by the authority under section 15CC(1) of the Act.

• (2) The local planning authority must prepare, in connection with the preparation of their local plan, a document to be known as their “supplementary plans statement”.

• (3) The supplementary plans statement must set out, in relation to each supplementary plan prepared by the local planning authority which has effect as part of the development plan for the authority’s area—

• (a) whether the authority’s proposed local plan includes matters included in the supplementary plan, and

• (b) whether the authority intends—

• (i) for the supplementary plan to remain in effect following the adoption of their proposed local plan,

• (ii) to request the Secretary of State to revoke the supplementary plan under section 15G(2)(b) of the Act following the adoption of their proposed local plan,

• (iii) to request the Secretary of State to revoke the supplementary plan so far as it relates to their area or one or more specific sites in their area under section 15G(3)(b) of the Act[^f00065] following the adoption of their proposed local plan, or

• (iv) to revoke the supplementary plan under regulation 77 following the adoption of their proposed local plan.

• (4) The local planning authority must make available in accordance with regulation 88 the supplementary plans statement on the same day as the authority make available the proposed local plan submission documents under regulation 27 (consultation on the proposed local plan).

Publication of summary of consultation on the proposed local plan

30

• (1) A local planning authority must prepare, in connection with the preparation of their local plan, a document to be known as their “summary of consultation on the proposed local plan”.

• (2) The summary of consultation on the proposed local plan must set out—

• (a) the general consultation bodies and the specific consultation bodies who were invited to make representations under regulation 27,

• (b) the manner by which those invited bodies were asked to make any representations under regulation 27,

• (c) if representations were made under regulation 27, whether by persons invited to do so or otherwise, a summary of the main issues raised in those representations,

• (d) if representations were made under regulation 27, how the local planning authority have, to date, had regard to those representations in accordance with section 15CA(6)(b) of the Act, and

• (e) if applicable, that no representations were made under regulation 27.

• (3) A local planning authority must make their summary of consultation on the proposed local plan available in accordance with regulation 88 no earlier than on the day after the date specified in the notice of proposed local plan consultation.

Gateway 3: prescribed requirements assessment by an appointed person

31

• (1) A local planning authority must seek observations and advice of the nature specified in paragraph (2) in relation to their proposed local plan under section 15CA(3) of the Act—

• (a) at the time that the local planning authority consider that the requirements prescribed by regulation 32 are met in relation to their proposed local plan, and

• (b) in any event, no earlier than on the day after the date on which the local planning authority make their summary of consultation on the proposed local plan available under regulation 30(3).

• (2) A local planning authority must seek observations and advice on whether each of the requirements prescribed by regulation 32 are met in relation to their proposed local plan.

• (3) A local planning authority must send to the person appointed by the Secretary of State under section 15CA(3) of the Act (“the appointed person”) the gateway 3 submission documents, on the same day as the authority comply with paragraph (1).

• (4) Observations or advice provided under section 15CA(3) of the Act in accordance with 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.

• (5) 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.

• (6) 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 (5), the authority must make available in accordance with regulation 88—

• (a) a gateway 3 completion statement, and

• (b) the gateway 3 submission documents.

Gateway 3: prescribed requirements

32

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.

Repeat of gateway 3: further prescribed requirements assessment by an appointed person

33

• (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.

Submission of documents and information to the Secretary of State

34

• (1) The documents prescribed for the purposes of section 15D(2) of the Act are—

• (a) the local planning authority’s map of proposed local plan policies,

• (b) a gateway 3 completion statement,

• (c) a statement setting out a summary of the consultation and engagement activities carried out by the local planning authority in preparing their proposed local plan,

• (d) the local planning authority’s summary of consultation on the proposed local plan,

• (e) where regulation 28 (conformity with operative spatial development strategy) applies to the local planning authority and representations were made under that regulation, copies of those representations,

• (f) a statement of compliance,

• (g) a statement of soundness,

• (h) where an environmental report has been prepared in accordance with regulation 12 of the Environmental Assessment of Plans and Programmes Regulations 2004, a copy of that report,

• (i) where the local planning authority have determined under regulation 9 (1) of the Environmental Assessment of Plans and Programmes Regulations 2004 that the proposed local plan is unlikely to have significant environmental effects (and, accordingly, does not require an environmental assessment), a copy of the statement of its reasons for the determination prepared under regulation 9 (3) of those Regulations, and

• (j) such supporting documents as the local planning authority consider necessary to demonstrate that it would be reasonable for the examiner to conclude that their proposed local plan is sound.

• (2) As soon as is reasonably practicable after a local planning authority submit their proposed local plan to the Secretary of State for independent examination, the authority must—

• (a) publish on their website a statement confirming the date on which the proposed local plan was submitted to the Secretary of State for independent examination,

• (b) make available in accordance with regulation 88—

• (i) a copy of the proposed local plan,

• (ii) a copy of each of the documents referred to in paragraph (1) of this regulation, and

• (iii) a statement of the, fact that the documents referred to in paragraphs (i) and (ii) are available for inspection and of the places and times at which they can be inspected, and

• (c) notify each person who requested to be notified of the submission of the proposed local plan to the Secretary of State for independent examination and such other persons as the authority consider appropriate that—

• (i) the proposed local plan has been submitted to the Secretary of State, and

• (ii) the documents referred to in sub-paragraph (b)(i) and (ii) are available for inspection and of the places and times at which they can be inspected.

Independent examination: local plans

35

• (1) At least six weeks before the opening of a hearing held to give persons the opportunity to appear before and be heard by the examiner under section 15D of the Act, the local planning authority must—

• (a) make the matters specified in paragraph (2) available in accordance with regulation 88, and

• (b) notify each person who requested to be notified of the making available of the matters specified in paragraph (2) and such other persons as the authority consider appropriate that those matters are available for inspection and of the places and times at which they can be inspected.

• (2) The matters specified in this paragraph are—

• (a) the date, time and place at which the hearing is to be held, and

• (b) the name of the examiner.

Pause of independent examination for further work

36

• (1) The period prescribed for the purposes of section 15DA(3)(b) of the Act (the pause period), in relation to the examination of a local plan, is six months.

• (2) As soon as is reasonably practicable after receiving a notification under section 15DA(2) of the Act, the local planning authority must notify each person who requested to be so notified of the decision of the examiner under section 15D(7) of the Act.

• (3) A local planning authority must comply with section 15DA(7) of the Act as soon as is reasonably practicable after complying with section 15DA(6).

• (4) When a local planning authority comply with section 15DA(7) of the Act, the authority must on the same day—

• (a) make the document and evidence sent to the examiner under section 15DA(6) of the Act available in accordance with regulation 88, and

• (b) notify each person to whom notification was sent in accordance with paragraph (2) that the document and evidence are available for inspection and of the places and times at which they can be inspected.

• (5) A local planning authority must comply with section 15DA(10) of the Act as soon as is reasonably practicable after receipt of the recommendations and reasons of the examiner under section 15DA(8).

• (6) When a local planning authority comply with section 15DA(10) of the Act, the authority must on the same day—

• (a) make the recommendations and reasons of the examiner available in accordance with regulation 88, and

• (b) notify each person to whom notification was sent in accordance with paragraph (2) that the recommendations and reasons of the examiner are available for inspection and of the places and times at which they can be inspected.

Publication of the recommendations and reasons of the examiner: local plans

37

• (1) A local planning authority must comply with section 15D(13) of the Act—

• (a) as soon as is reasonably practicable after receipt of the recommendations and reasons of the examiner under section 15D of the Act, or

• (b) where the Secretary of State gives a direction under section 15H(1) or section 15HA(2)(c)(i) of the Act after the examiner has made a recommendation under section 15D(9), (11) or (12) of the Act, as soon as is reasonably practicable after receipt of the direction.

• (2) When a local planning authority comply with section 15D(13) of the Act, the authority must on the same day—

• (a) make the recommendations and reasons of the examiner available in accordance with regulation 88, and

• (b) notify each person who requested to be so notified of the publication of the recommendations and reasons of the examiner.

Withdrawal of a local plan

38

Where a local planning authority withdraw a local plan under section 15E of the Act, the authority must as soon as is reasonably practicable after withdrawing it—

• (a) make a statement of that fact available in accordance with regulation 88,

• (b) send, to each person or body who were invited to make representations under regulation 20 (scoping consultation), regulation 23 (consultation on proposed local plan content and evidence) or regulation 27 (consultation on the proposed local plan), notification that the local plan has been withdrawn, and

• (c) cease to make all documents relating to the withdrawn local plan (other than the statement mentioned in paragraph (a) and the local planning authority’s local plan timetable) available in accordance with regulation 88.

Adoption of a local plan

39

• (1) As soon as is reasonably practicable after a local planning authority adopt a local plan under section 15EA of the Act, the authority must—

• (a) make available in accordance with regulation 88—

• (i) the local plan, and

• (ii) an adoption statement, and

• (b) send a copy of the adoption statement to each person who requested to be notified of the adoption of the local plan.

• (2) In this regulation, “adoption statement” means a statement specifying—

• (a) the date on which the local plan was adopted,

• (b) any modifications made to the local plan under section 15EA(1) or (2) of the Act,

• (c) details of where the local plan is available for inspection and of the places and times at which it can be inspected,

• (d) the date by which the local planning authority must begin preparation of a new local plan in accordance with regulation 18,

• (e) that a person aggrieved by the local plan may make an application to the High Court under section 113 of the Act, and

• (f) the grounds on which, and the period within which, such an application may be made.

Revocation of a local plan

40

• (1) Where a local plan is revoked under section 15G(2)(a) of the Act, the local planning authority must as soon as is reasonably practicable after the revocation occurs—

• (a) make a statement of that fact available in accordance with regulation 88, and

• (b) take such other steps as they consider necessary to draw the revocation of the local plan to the attention of persons living or working in their area.

• (2) Where a joint local plan, so far as it relates to the area of one of the relevant authorities, is revoked under section 15G(3)(a) of the Act[^f00066], the local planning authority for whose area the plan has been revoked must as soon as is reasonably practicable after the revocation occurs—

• (a) make a statement of that fact available in accordance with regulation 88, and

• (b) take such other steps as they consider necessary to draw the revocation of the joint local plan, so far as it relates to their area, to the attention of persons living or working in their area.

• (3) As soon as is reasonably practicable after a local plan is revoked under section 15G of the Act, the local planning authority must cease to make all documents relating to the revoked local plan (other than the statement mentioned in paragraph (1)(a), where the local plan is revoked under section 15G(2)(a), and the local planning authority’s local plan timetable) available in accordance with regulation 88.

Revision of a local plan

41

These Regulations apply in relation to a revision of a local plan under section 15GA of the Act as they apply in relation to a local plan.

Part 5 — MINERALS AND WASTE PLANS

Interpretation of Part 5

42

In this Part—

• “gateway 3 completion statement” means a statement confirming the date on which the minerals and waste planning authority was advised under section 15CA(3) of the Act and regulation 56 (gateway 3: prescribed requirements assessment) or (as the case may be) regulation 58 (repeat of gateway 3), by a person appointed by the Secretary of State, that each of the requirements prescribed by regulation 57 are met in relation to their proposed minerals and waste plan document;

• “gateway 3 submission documents” means the following documents— the minerals and waste planning authority’s proposed minerals and waste plan document that they intend to submit to the Secretary of State for independent examination under section 15D(1) of the Act; the minerals and waste planning authority’s map of proposed minerals and waste plan document policies; a statement of compliance; a statement of soundness; a statement setting out a summary of the consultation and engagement activities carried out by the minerals and waste planning authority in preparing their proposed minerals and waste plan document; the minerals and waste planning authority’s summary of scoping consultation; the minerals and waste planning authority’s summary of consultation on proposed minerals and waste plan document content and evidence; the minerals and waste planning authority’s summary of consultation on the proposed minerals and waste plan document; where regulation 53 (conformity with operative spatial development strategy) applies to the minerals and waste planning authority, copies of any representations made in accordance with that regulation; a statement setting out the minerals and waste planning authority’s practical arrangements demonstrating readiness for examination; where regulation 54 (supplementary plans statement) applies to the minerals and waste planning authority, a supplementary plans statement; where an environmental report has been prepared in accordance with regulation 12 of the Environmental Assessment of Plans and Programmes Regulations 2004, a copy of that report; where the minerals and waste planning authority have determined under regulation 9 (1) of the Environmental Assessment of Plans and Programmes Regulations 2004 that the proposed minerals and waste plan document is unlikely to have significant environmental effects (and, accordingly, does not require an environmental assessment), a copy of the statement of its reasons for the determination prepared under regulation 9 (3) of those Regulations; such other documents or information as the minerals and waste planning authority consider necessary to support the person appointed by the Secretary of State under section 15CA(3) of the Act in providing observations and advice of the nature specified in regulation 56(2) (gateway 3: prescribed requirements assessment) or (as the case may be) regulation 58(3) (repeat of gateway 3);

• “statement of compliance” means a statement setting out the following information— details of how the proposed minerals and waste plan document complies with, or the minerals and waste planning authority have complied with, the requirements prescribed by regulation 57 (gateway 3: prescribed requirements); where the proposed minerals and waste plan document does not include content of the nature specified in regulation 12(4) (superseded policies), an explanation as to why the minerals and waste planning authority consider that this requirement is not engaged in relation to the document; where a spatial development strategy[^f00067] is operative in relation to the relevant area of the minerals and waste planning authority, how the authority have prepared their proposed minerals and waste plan document to be in general conformity with that strategy, in accordance with section 15CA(2) of the Act; details of where observations or advice made available in accordance with regulation 51(5)(a) (gateway 2) and regulation 88 are available for inspection and of the places and times which they can be inspected;

• “statement of soundness” means a statement setting out details of the evidence which the minerals and waste planning authority has gathered to support their proposed minerals and waste plan document and how the authority consider that this evidence demonstrates that it would be reasonable for the examiner to conclude that the document is sound;

• “summary of consultation on proposed minerals and waste plan document content and evidence” means the document referred to in regulation 49;

• “summary of consultation on the proposed minerals and waste plan document” means the document referred to in regulation 55;

• “summary of scoping consultation” means the document referred to in regulation 47;

• “supplementary plans statement” means the document referred to in regulation 54.

Preparation of a new minerals and waste plan document

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• (1) A minerals and waste planning authority must begin preparation of one or more new minerals and waste plan documents to replace the entirety of an existing document which is or forms part of the authority’s minerals and waste plan within the period of five years beginning with the day after the date on which—

• (a) the authority passed a resolution adopting the existing document under section 15EA of the Act, or

• (b) the existing document was approved under Part 2 of the Act.

• (2) For the purposes of paragraph (1), a minerals and waste planning authority has begun preparation of a new minerals and waste plan document once they have complied with regulation 46(3) (gateway 1: self-assessment of readiness to begin minerals and waste plan preparation) in relation to the new minerals and waste plan document.

Notice of intention to commence minerals and waste plan document preparation

44

• (1) A minerals and waste planning authority must prepare, in connection with the preparation of their minerals and waste plan document, and make available in accordance with regulation 88, a document to be known as their “notice of intention to commence minerals and waste plan document preparation”.

• (2) The notice of intention to commence minerals and waste plan document preparation must contain the following information—

• (a) the name of the minerals and waste planning authority who have prepared the notice,

• (b) the geographical area to which the minerals and waste plan document is to relate,

• (c) the title, if any, by which the minerals and waste planning authority will refer to the minerals and waste plan document,

• (d) details of where the minerals and waste planning authority’s minerals and waste plan timetable is published,

• (e) details of whether the minerals and waste plan document which the minerals and waste planning authority are to prepare is intended to incorporate all or part of the authority’s minerals and waste plan, and

• (f) the date on which the notice is made available under paragraph (1).

• (3) Where a minerals and waste plan document for a minerals and waste planning authority’s relevant area[^f00068] is to be a joint minerals and waste plan document, the authority’s notice of intention to commence minerals and waste plan document preparation must also specify each other minerals and waste planning authority for whose relevant area the joint minerals and waste plan document is to be a document which is or forms part of their minerals and waste plan.

Scoping consultation: minerals and waste plan document

45

• (1) No earlier than on the date on which a minerals and waste planning authority make their notice of intention to commence minerals and waste plan document preparation available under regulation 44(1), the authority must—

• (a) invite the bodies specified in paragraph (2) to make representations to the minerals and waste planning authority about—

• (i) such matters relevant to the preparation of the minerals and waste plan document as the authority or body consider appropriate, including what the document should contain, and

• (ii) how the authority should engage with them in the preparation of the minerals and waste plan document, and

• (b) make a notice of scoping consultation available in accordance with regulation 88.

• (2) The bodies specified in this paragraph are—

• (a) such of the general consultation bodies as the minerals and waste planning authority consider appropriate, and

• (b) such of the specific consultation bodies as the minerals and waste planning authority consider may have an interest in the preparation of the minerals and waste plan document.

• (3) Any person may make representations to a minerals and waste planning authority about the matters set out at paragraph (1)(a)(i) and (ii).

• (4) Any representations made under this regulation must be received by the minerals and waste planning authority by the date specified in the notice of scoping consultation.

• (5) In this regulation, “notice of scoping consultation” means a notice specifying—

• (a) the matters which the minerals and waste planning authority have invited representations about under paragraph (1)(a)(i) and (ii),

• (b) the date on or before which representations about the matters set out in paragraph (1)(a)(i) and (ii) must be received by the minerals and waste planning authority,

• (c) the address to which representations about the matters set out in paragraph (1)(a)(i) and (ii) may be made, and

• (d) that representations about the matters set out in paragraph (1)(a)(i) and (ii) may be accompanied by a request to be notified at a specified address when one or more of the following steps occur—

• (i) the making available of proposed minerals and waste plan document content and evidence under regulation 48(1)(b) (consultation on proposed minerals and waste plan document content and evidence);

• (ii) the publication of observations or advice under section 15CA(5) of the Act;

• (iii) the making available of the proposed minerals and waste plan document submission documents under regulation 52(1)(b) (consultation on the proposed minerals and waste plan document);

• (iv) the submission of the proposed minerals and waste plan document to the Secretary of State for independent examination under section 15D(1) of the Act;

• (v) the making available of the matters specified in regulation 60(2) in accordance with regulation 60(1)(a) (independent examination: minerals and waste plan document);

• (vi) a decision of the examiner under section 15D(7) of the Act that the examination under that section is to be paused under section 15DA of the Act for further work to be carried out;

• (vii) the publication under section 15DA(7) of the Act of the document and any evidence which is sent to the examiner under section 15DA(6) of the Act;

• (viii) the publication of the recommendations and reasons of the examiner received under section 15D or section 15DA of the Act, in accordance with section 15D(13) or section 15DA(10);

• (ix) the adoption or approval of the minerals and waste plan document under Part 2 of the Act.

Gateway 1: self-assessment of readiness for minerals and waste plan document preparation

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• (1) A minerals and waste planning authority must prepare, in connection with the preparation of their minerals and waste plan document, a document to be known as their “self-assessment summary”.

• (2) The self-assessment summary must set out details relating to the following—

• (a) the minerals and waste planning authority’s minerals and waste plan timetable, including whether the authority has published a timetable which complies with the requirements in sections 15B and 15BB of the Act[^f00069] and Part 2 of these Regulations,

• (b) the minerals and waste planning authority’s project management and governance arrangements for the preparation of their minerals and waste plan document,

• (c) the minerals and waste planning authority’s proposed approach to consultation and engagement in preparing their minerals and waste plan document,

• (d) the anticipated content of the minerals and waste planning authority’s minerals and waste plan document, and

• (e) any obligation arising under Part 2 and Part 3 of the Environmental Assessment of Plans and Programmes Regulations 2004.

• (3) A minerals and waste planning authority must make their self-assessment summary available in accordance with regulation 88 no earlier than the later of—

• (a) the first day after the period of four months beginning with the date on which the authority make available their notice of intention to commence minerals and waste plan document preparation under regulation 44(1), or

• (b) the day the date specified in the notice of scoping consultation.

Publication of summary of scoping consultation

47

• (1) A minerals and waste planning authority must prepare, in connection with the preparation of their minerals and waste plan document, a document to be known as their “summary of scoping consultation”.

• (2) The summary of scoping consultation must set out—

• (a) the general consultation bodies and the specific consultation bodies who were invited to make representations under regulation 45,

• (b) the manner by which those invited bodies were asked to make any representations under regulation 45,

• (c) if representations were made under regulation 45, whether by persons invited to do so or otherwise, a summary of the main issues raised in those representations,

• (d) if representations were made under regulation 45, how the minerals and waste planning authority have, to date, had regard to those representations in accordance with section 15CA(6)(b) of the Act, and

• (e) if applicable, that no representations were made under regulation 45.

• (3) A minerals and waste planning authority must make their summary of scoping consultation available in accordance with regulation 88 no earlier than on the day after the date on which the authority make their self-assessment summary available under regulation 46(3).

Consultation on proposed minerals and waste plan document content and evidence

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• (1) No earlier than on the day after the date on which a minerals and waste planning authority make their summary of scoping consultation available under regulation 47(3), the authority must—

• (a) make a notice of content and evidence consultation available in accordance with regulation 88,

• (b) make proposed minerals and waste plan document content and evidence available in accordance with regulation 88,

• (c) notify each of the persons specified in paragraph (2) that the notice of content and evidence consultation and the proposed minerals and waste plan document content and evidence are available for inspection and of the places and times at which they can be inspected, and

• (d) invite each of the persons specified in paragraph (2) to make representations to the minerals and waste planning authority about the proposed minerals and waste plan document content and evidence.

• (2) The persons specified in this paragraph are—

• (a) such of the general consultation bodies as the minerals and waste planning authority consider appropriate,

• (b) such of the specific consultation bodies as the minerals and waste planning authority consider may have an interested in the proposed minerals and waste plan document,

• (c) such residents or other persons carrying on business in the minerals and waste planning authority’s relevant area as the authority consider appropriate, and

• (d) any person who requested to be notified of the making available of the proposed minerals and waste plan document content and evidence.

• (3) Any person may make representations to a minerals and waste planning authority about the proposed minerals and waste plan document content and evidence.

• (4) Any representations made under this regulation must be received by the minerals and waste planning authority by the date specified in the notice of content and evidence consultation.

• (5) In this regulation—

• “notice of content and evidence consultation” means a notice specifying— details of where the proposed minerals and waste plan document content and evidence made available in accordance with paragraph (1)(b) and regulation 88 is available for inspection and of the places and times at which it can be inspected, the date on or before which representations about the proposed minerals and waste plan document content and evidence must be received by the minerals and waste planning authority, which must be a date not less than six weeks from the date on which the notice is published, the address to which representations about the proposed minerals and waste plan document content and evidence may be made, and that representations about the proposed minerals and waste plan document content and evidence may be accompanied by a request to be notified at a specified address when one or more of the following steps occur— the publication of observations or advice under section 15CA(5) of the Act; the making available of the proposed minerals and waste plan document submission documents under regulation 52(1)(b) (consultation on the proposed minerals and waste plan document); the submission of the proposed minerals and waste plan document to the Secretary of State for independent examination under section 15D(1) of the Act; the making available of the matters specified in regulation 60(2) in accordance with regulation 60(1)(a) (independent examination: minerals and waste plan document); a decision of the examiner under section 15D(7) of the Act that the examination under that section is to be paused under section 15DA of the Act for further work to be carried out; the publication under section 15DA(7) of the Act of the document and any evidence which is sent to the examiner under section 15DA(6); the publication of the recommendations and reasons of the examiner received under section 15D or section 15DA of the Act, in accordance with section 15D(13) or section 15DA(10); the adoption or approval of the minerals and waste plan document under Part 2 of the Act;

• “proposed minerals and waste plan document content and evidence” means a document setting out— a proposed vision for the future of the minerals and waste planning authority’s relevant area and proposed measurable outcomes, any proposed aims and objectives of the minerals and waste planning authority for the period of the minerals and waste plan document, including the approach that the authority propose to take to achieve the proposed vision for the future of the authority’s relevant area, a summary of the minerals and waste planning authority’s proposed approach in relation to policies of the kind mentioned in section 15CB(2) and (3)(a) of the Act, in particular policies relating to the location of minerals and waste development in the authority’s relevant area, details of the evidence that the minerals and waste planning authority has gathered to support the minerals and waste plan document, if any, and a summary of the evidence that the authority intends to gather in this respect, and such supporting information relating to the proposed minerals and waste plan document as the minerals and waste planning authority consider appropriate.

Publication of summary of consultation on proposed minerals and waste plan document content and evidence

49

• (1) A minerals and waste planning authority must prepare, in connection with the preparation of their minerals and waste plan document, a document to be known as their “summary of consultation on proposed minerals and waste plan document content and evidence”.

• (2) The summary of consultation on proposed minerals and waste plan document content and evidence must set out—

• (a) the general consultation bodies and the specific consultation bodies who were invited to make representations under regulation 48,

• (b) the manner by which those invited bodies were asked to make any representations under regulation 48,

• (c) if representations were made under regulation 48, whether by persons invited to do so or otherwise, a summary of the main issues raised in those representations,

• (d) if representations were made under regulation 48, how the minerals and waste planning authority have, to date, had regard to those representations in accordance with section 15CA(6)(b) of the Act, and

• (e) if applicable, that no representations were made under regulation 48.

• (3) A minerals and waste planning authority must make their summary of consultation on proposed minerals and waste plan document content and evidence available in accordance with regulation 88 no earlier than on the day after the date specified in the notice of content and evidence consultation.

Map of proposed minerals and waste plan document policies

50

• (1) A minerals and waste planning authority must prepare, in connection with the preparation of their minerals and waste plan document, a document to be known as their “map of proposed minerals and waste plan document policies”.

• (2) The map of proposed minerals and waste plan document policies must include a map of the minerals and waste planning authority’s relevant area which must—

• (a) be reproduced from, or based on, an Ordnance Survey map,

• (b) include an explanation of symbols or notations which it uses, and

• (c) visually illustrate the geographical application of policies which relate to part of the minerals and waste planning authority’s relevant area in their proposed minerals and waste plan document.

• (3) For each policy which relates to the whole of the minerals and waste planning authority’s relevant area in their proposed minerals and waste plan document, the map of proposed minerals and waste plan document policies must include text setting out—

• (a) the title of the policy, if any,

• (b) the reference number of the policy, if any, and

• (c) a description of the policy.

Gateway 2: observations and advice from an appointed person

51

• (1) A minerals and waste planning authority must seek observations and advice of the nature specified in paragraph (2) in relation to their proposed minerals and waste plan document under section 15CA(3) of the Act no earlier than on the day after the date on which the authority make their summary of consultation on proposed minerals and waste plan document content and evidence available under regulation 49(3).

• (2) A minerals and waste planning authority must seek—

• (a) observations on any proposed minerals and waste plan document content which the minerals and waste planning authority send to the person appointed by the Secretary of State under section 15CA(3) of the Act (“the appointed person”) in accordance with paragraph (3), including progress towards the preparation of a minerals and waste plan document which it would be reasonable for an examiner to conclude is sound when submitted for independent examination under section 15D(1) of the Act,

• (b) advice on preparing a minerals and waste plan document which is one which it would be reasonable for an examiner to conclude is sound when submitted for independent examination under section 15D(1) of the Act, including further work which could be carried out by the authority, if any, and

• (c) observations and advice on the minerals and waste planning authority’s progress towards—

• (i) meeting the requirements prescribed by regulation 57(1) (a) to (f), (i) and (k) (gateway 3: prescribed requirements), and

• (ii) preparing a minerals and waste plan document which is in general conformity with the spatial development strategy, if one is operative in relation to the minerals and waste planning authority’s relevant area, in accordance with section 15CA(2) of the Act.

• (3) A minerals and waste planning authority must send to the appointed person such documents or other information as the authority consider necessary in order for that person to provide observations and advice of the nature specified in paragraph (2), on the same day as the authority comply with paragraph (1).

• (4) The appointed person must send observations or advice provided in accordance with this regulation to the minerals and waste planning authority by way of electronic communications, and the textual content of the observations or advice must be set out in typescript.

• (5) 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—

• (a) make the observations or advice available in accordance with regulation 88,

• (b) make available in accordance with regulation 88 all documents or other information sent to the appointed person in accordance with paragraph (3),

• (c) 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

• (d) send a copy of the observations or advice to each person identified or referred to in the observations or advice.

Consultation on the proposed minerals and waste plan document

52

• (1) No earlier than on the day after the date on which a minerals and waste planning authority publish, in accordance with section 15CA(5) of the Act, observations or advice received under section 15CA(3) and regulation 51, the authority must—

• (a) make a notice of proposed minerals and waste plan document consultation available in accordance with regulation 88,

• (b) make the proposed minerals and waste plan document submission documents available in accordance with regulation 88,

• (c) notify each of the persons specified in paragraph (2) that the notice of proposed minerals and waste plan document consultation and the proposed minerals and waste plan document submission documents are available for inspection and of the places and times at which they can be inspected, and

• (d) invite each of the persons specified in paragraph (2) to make representations to the minerals and waste planning authority about the proposed minerals and waste plan document submission documents.

• (2) The persons specified in this paragraph are—

• (a) such of the general consultation bodies as the minerals and waste planning authority consider appropriate,

• (b) such of the specific consultation bodies as the minerals and waste planning authority consider may have an interest in the proposed minerals and waste plan document,

• (c) such residents or other persons carrying on business in the minerals and waste planning authority’s relevant area as the authority consider appropriate, and

• (d) any person who requested to be notified of the making available of the proposed minerals and waste plan document submission documents.

• (3) Any person may make representations to a minerals and waste planning authority about the proposed minerals and waste plan document submission documents.

• (4) Any representations made under this regulation must be received by the minerals and waste planning authority by the date specified in the notice of proposed minerals and waste plan document consultation.

• (5) In this regulation—