Part 13: General Schedule 7: Plan making Section 15D: Independent examination: local plans Effect
Section 15D replaces former section 20 of the Planning and Compulsory Purchase Act 2004, but to a large extent replicates former arrangements. Subsections (1) and (2) maintain the general principle that local plans, and other documents or information (as may be prescribed by the Secretary of State in regulations), are submitted by the local planning authority to the Secretary of State for independent examination in public. The local plan must only be submitted once the local planning authority has been advised by a person appointed by the Secretary of State under section 15CA(3) that it meets the prescribed requirements.
	Subsection (3) introduces a new power for the Secretary of State to prescribe in regulations how anything that is to be sent under subsections (1) or (2) must be sent.
	Subsections (4) and (5) maintain the existing principles that an examination will be carried out by an independent Inspector ("the examiner") appointed by the Secretary of State, to determine whether the local plan is "sound".
	Subsection (6) retains and updates the established principle that any person who makes representations during consultation on the local plan proposal will be able to appear before and be heard by the Inspector at the examination, should that person so request to do so.
	Subsection (7) provides a power for the examiner, at any time prior to the conclusion of the examination, to pause the examination if certain matters which need to be dealt with for the plan to be capable of being sound could be dealt with by a pause for the local planning authority to undertake further remedial work.
	Subsection (8) replicates the existing power for the Secretary of State to issue a holding direction to the independent Inspector during the examination of the local plan. This may be done to: require the Inspector to consider any specified matters (such as any policy or procedural process relating to the local plan considered at the examination); provide opportunity for a specified person to appear and ‘be heard’ by the Inspector; and/or require the Inspector to undertake a procedural step relating to the conduct of the examination, as specified by the Secretary of State.
	Subsections (9) to (12) set out the steps an Inspector must take once the examination has concluded, which broadly mirror the former provisions. Where the examiner considers that the local plan is sound, they must recommend that the plan is adopted. Where, subject to modifications being made, the plan can be considered sound, the examiner must recommend such modifications are made and that the plan is then adopted. Where the plan is not sound, it is considered that modifications could not make the plan sound, and no decision is made under subsection (7), to pause the examination, the examiner must recommend the plan is withdrawn. The examiner must give reasons for all recommendations under these subsections.
	Subsection (13) replicates the former requirement for the local planning authority to publish any recommendations and reasons received.