Procedural guide for Examinations and Gateways under the Town and Country Planning (Local Planning) (England) Regulations 2026

The document explains how the Planning Inspectorate conducts local plan casework, including gateway assessments and examinations, in the context of the Town and Country Planning (Local Planning) (England) Regulations 2026.  It explains the role of appointed persons at gateways and examinations and provides details of the procedures relevant to those roles.  It sets out how local planning authorities are expected to engage in these processes.  It also includes details of how interested parties can be involved at the examination stage.

1. Introduction

1.1 This first edition of guidance is intended to give a high-level overview, which will be refined to provide more detailed advice in advance of any gateway 2 assessments to be undertaken by the Planning Inspectorate. Further iterations of this guidance will include details of the systems and tools that the Planning Inspectorate will provide to facilitate engagement with the gateway and examination processes that it is responsible for.

1.2 This document provides practical guidance on the procedural aspects of the Inspectorate’s involvement with local plans during their preparation and when they have been submitted for examination. It is aimed at all those involved in the process of plan-preparation and examination, including appointed gateway assessors and Inspectors. This guidance takes into account the legislative changes brought about by the Levelling-up and Regeneration Act 2023, which amends the Planning and Compulsory Purchase Act 2004 (the PCPA), and the associated Town and Country Planning (Local Planning) (England) Regulations 2026 (the Regulations).

1.3 An important change introduced by the 2023 Act is the requirement for gateway assessment. These processes mean that Inspectors (acting as gateway assessors) will be involved in a deeper way during the plan preparation stage. The aim is that meaningful engagement with these processes on behalf of local planning authorities (LPAs) (in what follows the term ‘LPA’ should also be taken to mean minerals planning authorities, as appropriate) and Inspectors will help with plan preparation and lead to quicker examinations, in line with the government’s expectation of a 30 month end-to-end plan-making process.

1.4 Consequently, for the purposes of this guidance, the two main roles that Planning Inspectors will be responsible for during plan preparation and examination are:

• Gateway assessors – these are Inspectors that are appointed by the Secretary of State to carry out gateway assessments (gateway 2 and gateway 3) for LPAs as they prepare their local plan prior to submission and examination
• Examining Inspectors – these are Inspectors who have been appointed by the Secretary of State to carry out examination of the local plan to determine its soundness

1.5 Aside from the PCPA and associated regulations, advice on plan-making is also provided in the government’s Create or Update a Local Plan (CULP) guidance suite. However, many of the detailed procedural aspects relating to gateway assessment and examinations are not prescribed in legislation, allowing Inspectors a degree of flexibility as to how they conduct these processes. This enables Inspectors to adapt the procedures to deal with situations as they arise, so as to achieve positive outcomes in a range of different circumstances.

1.6 Nonetheless, there is a need for reasonable consistency in the way that local plan processes are conducted. Together with the advice published on CULP, therefore, this document provides the main operational framework for gateways and examinations. The Planning Inspectorate’s quality assurance processes, outlined below, also have an important role in the achievement of a reasonably consistent approach. As in all of their work, Inspectors will also adhere to the Franks Principles of openness, fairness and impartiality.

1.7 The content of this document is guidance only with no statutory status. However, in the interests of consistency, efficiency and fairness Inspectors will follow the general principles of the guidance and all parties will also be expected to adhere to it. Where necessary, Inspectors may adapt procedures but when doing so will ensure that no party is prejudiced, and that the Franks Principles are adhered to.

1.8 LPAs invest substantial time and resources in preparing their plans, including engaging with the community in their preparation. The Planning Inspectorate will seek to ensure that plans are taken through gateways and examinations as quickly as possible. LPAs must also play their part by ensuring:

• that the local plan timetable is kept up to date with timescales that are realistic; and
• that prior to entering gateway 3, the plan is ready for examination. This means that the evidence base is complete, that prescribed requirements have been complied with, and that practical measures are in place to facilitate the examination.

1.9 Although this guidance is targeted at local plans, the overall procedures outlined will also be relevant to the Planning Inspectorate’s interactions with minerals and waste plans. This is because the Regulations require that the same substantive steps for the preparation of a local plan must be taken when preparing a document which is to be or form part of a minerals and waste plan. However, the Planning Inspectorate intends to provide more tailored advice for minerals and waste plans, including in respect of the inputs expected at gateway 2, in future versions of this guidance.

1.10 The scope of this guidance does not include procedures relevant to spatial development strategies or supplementary plans, which follow different legislative arrangements.

2. Overview

2.1 The table below provides an overview of the gateway process and subsequent examination. Each of the stages and key actions outlined is considered in more detail in the following sections.

2.2 Plans will go through 3 gateway processes during their preparation. Gateway 1 is a self-assessment process completed by the LPA at an early stage of plan-making. Further advice on that process is available on CULP.

2.3 Gateway 2 occurs between formal consultation on proposed local plan evidence/content and the formal consultation on the proposed local plan. It is undertaken by an Inspector acting as a gateway assessor, who will provide observations and advice to an LPA, which they are required to have regard to in the subsequent preparation of their plans. LPAs are advised to think carefully about the timing and content of this assessment, as the Regulations give them wide discretion in these regards. This document provides guidance for LPAs on the timing and content of gateway 2 assessments to assist them in getting the most out of the process.

2.4 Gateway 3 occurs after the LPA has undertaken the final round of mandatory consultation on a plan, immediately prior to when it intends to submit it for examination. Inspectors acting as gateway 3 assessors will determine whether a plan has met prescribed requirements set out in the Regulations, along with the LPA’s practical readiness to undertake an examination. If a plan passes gateway 3 it has to be submitted for examination. If it fails the gateway 3 tests, the LPA will have to rectify matters prior to going through the gateway 3 process again.

2.5 Overview of the gateway process and subsequent examination.

Publish local plan timetable	The timetable must be kept up-to-date and set out the anticipated and actual dates for key plan-making stages.
Publish notice of intention to commence local plan preparation	Publication of notice which commences a minimum 4-month notice period so that stakeholders are aware plan-making is beginning.
Scoping consultation	Inviting feedback from stakeholders on how to engage with them and what the plan should contain.
Gateway 1: self-assessment for readiness	Publication of a document setting out details how you have got ready for plan-making, marking formal commencement of plan-making for the purposes of the 30-month timeframe.
Consultation: proposed local plan content and evidence	Minimum 6-week consultation on the proposed local plan content and evidence, including a draft vision.
Gateway 2	Seeking observations and advice from an assessor to support the early resolution of potential soundness issues and progress towards the ‘prescribed requirements’.
Consultation: proposed local plan	Minimum 8-week consultation on the proposed local plan and its supporting documents.
Gateway 3	Testing if the proposed local plan has met the ‘prescribed requirements’ and can proceed to examination.
Examination	Examination of the local plan against the tests of soundness, to be set out in national policy.
Adoption	Publication of the local plan and adoption statement.

2.6 Once plans are submitted for examination, Inspectors will take control of the process from start to finish. An Inspector’s role is to examine whether it is reasonable to conclude that the submitted plan is sound, in line with the tests of soundness defined in the National Planning Policy Framework (NPPF). Examinations will therefore concentrate on issues that affect a plan’s soundness and will not delve into other matters. Inspectors’ conclusions will be based on a consideration of all the evidence and on the application of professional expertise and judgment.

2.7 At all stages, Inspectors will always bear in mind that the plan belongs to the LPA, and subject to the duty to ensure that prescribed requirements have been met and soundness is achieved, will not seek to impose their own views on its vision or its content. Inspectors will be conscious of the benefits of having a robust and up-to-date plan adopted as quickly as possible and in line with the government’s expectation that examinations should take no longer than 6 months. Consequently, Inspectors will aim to raise any potential problems with the LPA as soon as they become apparent and when it is expedient to do so thus providing the LPA the opportunity to overcome them wherever this is possible. The gateways will play an important role in identifying issues and providing opportunities to resolve these prior to submission.

2.8 The legislation allows for three possible outcomes to the examination:

• The Inspector finds that in all the circumstances it is reasonable to conclude that the plan is sound as submitted: in these circumstances the Inspector must recommend that the plan is adopted
• The Inspector finds that the plan is unsound but that it is possible to make it sound by making main modifications to it. In these circumstances the Inspector must recommend that those modifications are made and that the plan is then adopted and give reasons for the recommendation. The main modifications must relate directly to the reasons why the Inspector has found the plan unsound
• The Inspector finds the plan unsound as submitted, and that it is not possible to make it sound by making main modifications to it. In these circumstances the Inspector must recommend withdrawal of the plan and give reasons for this recommendation

2.9 In some circumstances, an Inspector may determine that an LPA would need to undertake substantial additional work for the plan to achieve soundness. To allow for this the legislation provides Inspectors with the power to pause examinations. At the end of the pause, the Inspector must determine whether the examination can continue. Whether the examination continues depends on whether the LPA have dealt with the matters notified by the Inspector at the start of the pause. If this has not been done the Inspector would recommend that the plan would need to be withdrawn.

2.10 The examination concludes when the Inspector’s recommendations and reasons (set out in a report) are submitted to the LPA.

3. Plan preparation and gateways

3.1 The Local Plan Timetable and Planning Inspectorate resourcing

3.1.1 An LPA is required to produce a local plan timetable and keep it up to date, including in respect of key milestones such as when it expects to enter the gateways and submit its plan for examination – guidance on how and when to prepare the timetable is available on the CULP guidance suite.

3.1.2 As accurate timetabling information is fundamental to the Planning Inspectorate’s resourcing plans, LPAs must ensure that their timetables accurately reflect their anticipated dates for entering gateways and submitting plans. Consequently, any necessary changes to local plan timetables must be made in a timely way which allows the Inspectorate adequate time to identify and secure the necessary Inspector resource. Inaccurate information being included in local plan timetables or not adhering to published local plan timetables may result in delays in the Planning Inspectorate appointing Inspectors to undertake gateway assessments or examinations.

3.1.3 LPAs should provide at least 3 months’ notice to the Planning Inspectorate of when they intend to enter the gateway 2 and gateway 3 stages. Maintenance of up-to-date and accurate local plan timetables will enable LPAs to fulfil this requirement. Once the LPA has provided notice to the Planning Inspectorate, any deviations from anticipated submission dates may lead to delays in appointing assessors. It is therefore of paramount importance that the Planning Inspectorate is kept informed of any timetabling changes as soon as they become apparent to an LPA.

3.1.4 The LPA may have to undertake further work, either as a result of advice received at the gateway assessments, or during an examination where Inspectors consider it to be necessary to achieve soundness. Where such work would lead to changes to anticipated timescales for plan production, the LPA should ensure that their timetables are amended accordingly.

3.2 Prior to gateway 2

3.2.1 Plans have to go through 3 gateway processes during their preparation. Gateway 1 is a self-assessment process completed by the LPA at an early stage of plan-making. It requires LPAs to prepare and publish a self-assessment form which sets out details of their readiness for local plan preparation. This stage is led by the LPA without the Planning Inspectorate’s involvement. Further advice on that process is considered in more detail on the CULP guidance suite.

3.3 Purpose of the gateway 2 assessment

3.3.1 The purpose of the gateway 2 assessment is to ensure that the LPA is moving towards the preparation of a sound plan, in line with the tests of soundness set out in the NPPF. In particular, it seeks to identify any potential soundness issues at an early stage and support the resolution of those issues by working with the LPA through the gateway and making recommendations to guide the plan’s continued preparation prior to gateway 3 and submission. In addition, it will consider whether the LPA is making progress towards meeting the ‘prescribed requirements’ set out in legislation and whether the emerging plan is in general conformity with the spatial development strategy if applicable.

3.4 Timing of the gateway 2 assessment

3.4.1 According to the Regulations, the gateway 2 assessment should take place somewhere between the consultation on local plan content and evidence (second mandatory consultation) and the consultation on the proposed local plan (third mandatory consultation). Specifically, it should take place no earlier than on the day after the date on which the authority has published their summary of consultation on the scope of the proposed plan content and evidence. Within the overall 30 month timescale gateway 2 is likely to take place around the halfway point.

3.4.2 The exact timing of gateway 2 will depend on the matters on which the LPA are seeking advice. However, the LPA should carefully consider the timing of gateway 2 to ensure that it gets the most out of the process. It is anticipated that gateway 2 assessments will take place at a fairly advanced stage of plan preparation but still some months before the 8-week consultation on the proposed Local Plan (third mandatory stage of consultation). LPAs may be seeking advice on whether the evidence base is sufficient or whether there are any potential shortcomings in the emerging plan. Sufficient time would need to be allowed for the LPA to act on the assessor’s advice, including in respect of any necessary amendments and/or additions to the evidence base. Moreover, gateway 2 will be most beneficial when draft policies or policy options are provided for the assessor to consider.

3.5 The gateway 2 process

3.5.1 Anticipated dates for gateway 2 will be set out in the LPA’s local plan timetable.   The LPA are encouraged to give the Planning Inspectorate sight of their documentation two weeks before the anticipated start of gateway 2. This will include details of suggested dates and venues for the workshop (see paragraphs 3.5.6 to 3.5.8 below).  The LPA should provide this material in a timely manner to ensure, firstly, that an assessor can be appointed and available for the workshop; and secondly, to enable the Inspectorate to review the documentation provided to identify any omissions or areas that may need additional clarification.  When the LPA is satisfied that its gateway 2 documentation is ready for assessment it should be formally submitted to the Planning Inspectorate.  This will constitute the formal commencement of gateway 2.

3.5.2 It is anticipated that gateway 2 will take 4-6 weeks from the start date.

3.5.3 The ‘Gateway 2 Process Overview’ below sets out an indicative timeline for gateway 2 assessments. At week 1 the assessor will be appointed and will commence a review of the relevant documents. The assessor will continue a review of documentation and produce a workshop agenda identifying key discussion points and questions.

3.5.4 The LPA will be asked to identify up to five key issues that they wish to explore in greater detail as part of the process, and to set these out in their covering letter.

3.5.5 LPAs can use work on their draft Statement of Compliance and/or draft Statement of Soundness to identify these issues. For each issue, and in addition to the material set out in their Draft Statements of Soundness and Compliance the LPA may wish to produce a brief topic paper/briefing note to set the scene. The assessor will use the draft Statement of Soundness, the draft Statement of Compliance and any additional topic papers, as the basis for the workshop agenda and to produce any accompanying questions to guide discussions in liaison with the LPA. The agenda will be agreed with the LPA in advance of the workshop. Provisional dates and a venue for the workshop will have been provided at the same time as the gateway 2 documentation. It is anticipated that the workshop will take place in week 3.

3.5.6 The workshop will take the form of an interactive discussion between the assessor and representatives of the LPA, based on the agreed agenda and any questions circulated by the assessor in advance of the workshop. It is anticipated that a workshop would usually take two days.

3.5.7 It is for the LPA to decide who should attend the workshop on their behalf; however, it is important that attendees are relevant to the process and proportionate in terms of the overall numbers involved. A Planning Advisory Service representative may also attend as an observer if this is acceptable to the LPA. In some circumstances, the assessor may consider it useful to have a technical specialist present at the workshop, where this could assist with a specific matter. If they consider this to be the case assessors will communicate this to the LPA as soon as is practicable.

3.5.8 The gateway assessor will be allocated two weeks to prepare for the workshop. This will be sufficient time to familiarise themselves with the submitted topic papers, emerging policies, the evidence base documents and other documentation that is relevant to the key issues the LPA has identified for discussion. However, unlike the examining Inspector, the gateway assessor does not have time to undertake an in-depth scrutiny of the plan and evidence base taken as a whole. Whilst the assessor will alert the LPA to any weaknesses or omissions they identify in the emerging plan and its evidence base, it is possible that other soundness issues, not identified at gateway 2, and not specifically raised by the LPA in its topic papers may emerge during the examination.

3.5.9 The gateway assessor will provide advice on any or all of the following matters:

• The LPA’s overall approach
• Progress in meeting the prescribed requirements for submitting the plan for examination
• The effectiveness of the project management arrangements relating to plan-making in the light of the LPA’s published Project Initiation Document
• Consistency with national policy and, where relevant, general conformity with the Spatial Development Strategy
• Issues relevant to the soundness of the emerging plan, focussing on up to 5 issues identified by the LPA
• The adequacy of the evidence base to support plan preparation
• Whether topic papers might be needed to explain the LPA’s approach to key issues at subsequent stages
• Any further work that might be carried out to secure the soundness of a plan where this arises from submitted material and workshop discussions (but likely to be scrutinised in less depth than the up to five issues identified by the LPA for discussion)
• What to expect at gateway 3 and during the examination – including the provision of any specific procedural guidance that might assist the LPA to prepare for these processes

3.5.10 The assessor will prepare a report of their findings electronically which will be issued to the LPA in weeks 4 to 6. The report will set out the assessor’s observations and advice in relation to the general points set out in paragraph 3.5.9 above. The LPA should ensure that its timetable reflects any adjustments to the timeframe for plan preparation that may be needed as a result of additional work required to address an assessor’s advice. There may be limited circumstances where the process takes longer than the 4-6 week timeframe, for example, if further work is needed from the LPA during the gateway.

3.5.11 Following the completion of gateway 2, the LPA must make the assessor’s observations and/or advice available together with any documents or other information sent to the gateway 2 assessor as soon as is reasonably practicable, in line with the legislative requirements for publication set out in the PCPA and Regulations. There may be circumstances where the LPA considers that the documents published post gateway 2 need to be redacted, for example, to avoid personal information being released, or due to commercial sensitivities. The information will be published on the LPA’s website and so the responsibility for redaction lies with the LPA and should be done in line with its relevant policies and procedures.

Gateway 2 Process Overview

Timeline	Process
-3months	LPA give notice of intention to enter gateway 2
-2 weeks to week 0	The LPA gives the Planning Inspectorate sight of their gateway 2 documentation and suggested dates and venue for the workshop.  The Planning Inspectorate reviews the provided documentation and identifies any omissions or areas requiring clarification from the LPA
0	The LPA formally submits their documentation which is the start of the gateway
1	Assessor reviews documentation and prepares for the gateway 2 workshop
2	Assessor continues review of documentation and produces workshop agenda and questions in consultation with the LPA
3	Workshop
4-6 weeks	Assessor reporting; sends report to LPA
	LPA publishes report and all of the documentation submitted to the gateway 2 assessor as soon as is reasonably practicable after receiving the gateway 2 report
	In some circumstances the time period may need to be extended for example, if further work is required from the LPA during the gateway assessment

3.6 Supporting materials for the gateway 2 assessment

3.6.1 The Regulations require the LPA to send the gateway 2 assessor documents or other information which it considers necessary to support the provision of observations and advice on progress towards the preparation of a sound plan; meeting the prescribed requirements; and (where relevant) securing general conformity with an operative spatial development strategy.

3.6.2 It follows that the Regulations give LPAs considerable discretion relating to the documents and information to be provided at this stage. However, in order to gain the most out of the assessment, LPAs are advised to consider the following documents/evidence as those that could assist an assessor to provide observations and advice. Any documents that the LPA intend to submit for assessment will need to be provided to the Planning Inspectorate at least 2 weeks prior to the commencement of the gateway.

3.6.3 A vital part of the gateway 2 submission will be a covering letter which sets out in brief:

• An overview of the stage of plan preparation, including what additional activities have been undertaken since the consultation on the proposed local plan content and evidence. This should include details of any ongoing engagement with other LPAs, infrastructure providers or other relevant bodies.
• A description of up to 5 key issues on which the LPA is seeking advice (see paragraph 3.6.12 below)
• Where relevant, and where they are not covered specifically elsewhere in submitted material, any issues raised in consultation that the LPA wish to draw to the assessor’s attention
• A list of the documents provided to the assessor to support their provision of observations and advice

3.6.4 In addition to the covering letter, a number of procedural documents should be provided in order to provide relevant background information for the assessor (see 3.6.5). These include the local plan timetable and Project Initiation Document (PID) in order to assess progress against the key milestones.

3.6.5 In order to pass gateway 3, the proposed local plan must meet prescribed requirements set out in legislation, and this will be evidenced through the Statement of Compliance submitted at that stage. However, gateway 2 provides an important checkpoint for an LPA to help to assess its progress towards meeting these prescribed requirements. Consequently, a draft of the Statement of Compliance would assist the assessor to determine whether the LPA is making good progress towards meeting the requirements. It would also identify any areas related to the prescribed requirements on which the LPA may need advice. Similarly, a draft of the Statement of Soundness (another legislative requirement for gateway 3) would assist both the LPA and the gateway 2 assessor to identify potential soundness issues which can be discussed at the workshop. Submission of the completed Statement of Compliance and Statement of Soundness will be mandatory at the gateway 3 stage and these completed documents will take into account activities undertaken after the gateway 2 assessment has finished. It follows that the LPA will not be able to complete the draft Statement of Compliance and Statement of Soundness in full at gateway 2 for a variety of reasons. However, any gaps identified can be discussed at the gateway 2 workshop, if appropriate. Moreover, the draft Statements at this stage can be used as self-assessment tools by the LPA to help to identify areas that they will be seeking advice on at gateway 2.

3.6.6 Work carried out by the LPA from the beginning of the local plan up to and including the consultation on proposed local plan content and evidence should also be provided, which will be relevant background context for the assessor. However, as the assessor will only have up to six weeks to undertake the assessment, LPAs should draw the assessor’s attention to any issues raised at these earlier stages including how the LPA intends to address or resolve those issues in their gateway 2 covering letter and/or in any material related to their (up to) 5 key soundness issues as set out in the LPA topic papers (see below). LPAs may wish to point out relevant parts of their consultation summaries in bringing such matters to the assessor’s attention.

3.6.7 Copies of the notice of intention to commence local plan preparation; scoping consultation documents; and the summary of that consultation should be provided. Copies of any other documents published for the gateway 1 self-assessment of readiness (which are not specially referred to above) are also necessary. Relevant documentation can be provided in the form of hyperlinks.

3.6.8 The LPA should also provide the documents which they consulted on in relation to the proposed local plan content and evidence, together with the summary of consultation.

3.6.9 Following consultation on the proposed local plan content and evidence (secondary mandatory consultation) the LPA will likely make progress towards a draft plan; policies map and further develop the evidence base.

3.6.10 The Regulations specifically require LPAs to seek observations on 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.

3.6.11 But they do not require the provision of an emerging draft plan or policies map at gateway 2. However, LPAs may find gateway 2 more valuable if these documents, or at least some greater detail on emerging policies and proposals and broad locations or significant sites, are provided.

3.6.12 It is critical that LPAs are as clear as possible in terms of the topics that they seek advice on and that any briefing material provides the assessor with sufficient detail to be able to provide relevant advice, given the time constraints. The draft Statements of Soundness and Compliance may well provide sufficient detail particularly where these sign post to other documents. LPAs may also find it useful, however, to provide topic papers on the up to 5 key issues which they identify in their cover letter. Where provided, each topic paper should summarise the issue which is to be covered, including any specific questions that the LPA wishes to discuss. These topic papers have a 2,000 word limit but they can cross-reference and signpost to relevant evidence base documents. As part of these, the LPA should identify any representations which raise concerns regarding the proposed approach, together with the LPA’s response.

3.6.13 A full list of the evidence base documents being prepared to support the plan with the date when each is expected to complete should be provided at gateway 2. This will enable the assessor to assess progress towards the prescribed requirements and identify any potential gaps in the evidence. The evidence base documents the LPA provides to the assessor will depend upon the issues the LPA wishes to discuss. It may be useful for the assessor to see work in progress as well as completed documents to ensure that advice can be provided at an effective stage, and in the interests of avoiding abortive work where possible.

3.6.14 As part of a draft plan or within topic papers, the LPA should set out the draft vision, aims and objectives together with up to 10 draft outcomes (including any proposed changes since the earlier consultation). The LPA will also need to include either spatial strategy options or a draft spatial strategy depending on how progressed the plan is.

3.6.15 It is highly likely that one of the key soundness issues would relate to progress towards setting a housing requirement. Any topic paper on this should explain the LPA’s emerging approach to setting the requirement. This will be particularly important if there is to be a stepped trajectory or it is likely that the requirement will vary from the standard method figure or, where applicable, with targets set for the LPA in a spatial development strategy. To assist assessment of this matter, the latest version of the housing needs assessment would therefore be required. An explanation, together with associated evidence as to the likelihood of the plan meeting the housing requirement would also be helpful, including any evidence pertaining to the site-selection methodology and where relevant, specific sites.

3.6.16 Whether or not other development needs and supply are likely to form the basis of one of the key soundness issues identified by the LPA, it may nevertheless be useful for assessors to be provided with the following material:

• Progress towards identifying needs for, and supply of, Traveller accommodation and associated evidence
• Progress towards setting other development needs (employment; retail etc) and supply and associated evidence
• Where there is Green Belt within the LPA’s boundaries, a draft Green Belt review would be helpful particularly where there may be changes to Green Belt boundaries proposed, or where it is looking unlikely that an LPA will meet its objectively assessed needs
• The LPA may also submit topic papers and evidence relevant to the specific issues which they wish to discuss

3.6.17 The LPA’s progress with the assessments required by the Environmental Assessment of Plans and Programmes Regulations 2004 (the Environmental Assessment Regulations), and the Conservation of Habitats and Species Regulations 2017 (the Habitats Regulations) should also be addressed in material that the LPA provides. This should include details of how the relevant statutory agencies have been involved with these processes, and how the assessments are being used to inform the content of the plan.

3.6.18 Where appropriate, evidence of proactive and regular engagement with infrastructure providers, neighbouring and other relevant plan-making authorities and other relevant bodies would also be helpful – albeit these activities could be usefully summarised in the LPA’s covering letter.

3.6.19 As set out above, once the gateway 2 report is received it must be published together with the inputs to gateway 2, as soon as reasonably practicable after receiving the report. Between gateway 2 and gateway 3 the LPA will prepare and consult on their proposed local plan submission documents.

3.7 Purpose of a gateway 3 assessment

3.7.1 The purpose of a gateway 3 assessment is to ensure that a plan has met the prescribed requirements set out in the Regulations. This will include an assessment as to whether an LPA is ready to proceed to independent examination in respect of the proposed local plan including whether the necessary practical arrangements are in place. The assessment is a “stop/go” checkpoint, and plans can only proceed to examination if an assessor considers that they have met the prescribed requirements at this stage. Whether these prescribed requirements have been met will not be subsequently re-considered at the examination, which instead will focus on the soundness of submitted plans. It is anticipated that a gateway 3 assessment would usually take 4 weeks start to finish, with a maximum duration of 6 weeks.

3.8 Responsibility for the gateway 3 assessment

3.8.1 The gateway 3 assessment will be carried out by an assessor who will assess the documents that an LPA is required to provide at this stage to determine whether a plan meets the prescribed requirements and is ready to proceed to examination.

3.9 Timing of the gateway 3 assessment

3.9.1 A gateway 3 assessment should take place when an LPA considers that its proposed local plan has met the prescribed requirements and is ready to proceed to examination. However, it cannot take place any earlier than the day after the date on which the LPA publish its required summary of consultation on its proposed local plan. As with all stages, the LPA should ensure that its timetable remains up-to-date so that the Planning Inspectorate can arrange its staff resources appropriately (see 3.1 above).

3.10 Preparation for gateway 3

3.10.1 LPAs should only enter gateway 3 when they consider that their plan is ready for independent examination. As an LPA is required to submit a plan for examination should it progress successfully through gateway 3, necessary political approvals relating to plan submission should be secured in advance of entering this gateway. This will help to ensure a quick and effective handover between the gateway 3 process and the start of the examination.

3.10.2 Regulations set out the documents which need to be submitted in order for gateway 3 to commence. The gateway will not start until all of those documents are provided to the Planning Inspectorate.

3.10.3 In addition to the required documents, it would be useful for LPAs to provide a summary of any representations made during the mandatory consultation exercises that relate to progress towards meeting prescribed requirements, and the LPA’s response to any points raised. A summary of how the issues raised by the gateway 2 assessor have been addressed would also be useful.

3.10.4 If the plan that an LPA intends to submit has changed from the version consulted on at the proposed local plan stage, LPAs should provide a statement outlining the alterations they have made, the reasons for these, and whether any additional consultation has taken place on them.

3.10.5 The Regulations require an LPA to demonstrate their plan’s readiness to proceed to independent examination. In demonstrating this an LPA should provide evidence of its practical readiness to proceed to examination. This should cover the following items:

• That a suitably qualified programme officer (PO) meeting the requirements set out in the Guidance for Programme Officers: Local Plan Examinations - GOV.UK is in post by the start of the gateway 3 assessment
• That the PO has sufficient time available to input effectively into the examination and is available to work on it until its anticipated conclusion
• That an examination website which complies with the Planning Inspectorate’s published guidance will be available on submission of the plan
• That a suitable hearing venue will be available for the anticipated dates of the examination hearings
• That the LPA is able to provide video conferencing facilities (such as Microsoft Teams) to host virtual hearing sessions should these be necessary
• That the LPA has sufficient staff and resources, including any consultancy or specialist support used in the preparation of the plan and evidence, available to input effectively into the examination for its anticipated duration
• The availability of the PO and the LPA’s staff for a focused period after the hearings conclude to allow timely finalisation of any required main modifications and related material

3.11 The gateway 3 process

3.11.1 Where an LPA has provided accurate information in its local plan timetable, and an assessor has been identified to conduct the assessment on this basis, the gateway 3 assessment will commence when the gateway 3 submission documents (as defined in the Regulations) are provided to the Planning Inspectorate. The process will be carried out largely in writing, but there may be scope for procedural meetings (either in-person or virtual) where this would assist the appointed assessor to clarify matters. (See below for further information on the scope of Procedural Meetings). A gateway 3 assessment should take no more than 4 weeks (up to a maximum of 6 in exceptional circumstances) from submission of an LPA’s documents to an assessor issuing a report containing their observations and advice.

3.11.2 Following an LPA’s submission to gateway 3 and using the submitted Statement of Compliance as a guide, the appointed assessor will seek to identify any potential non-compliance issues early and raise questions on these with the LPA. If there is the potential to do so, assessors will provide an opportunity for LPAs to address non-compliance issues before gateway 3 concludes. However, any such remedial work would have to be capable of being completed within the maximum 6 week timeframe for gateway 3.

3.12 Successful completion of gateway 3

3.12.1 Where the gateway 3 assessor concludes that the prescribed requirements have been met, they will issue a report confirming this and setting out their reasons.

3.13 When gateway 3 may need to be repeated

3.13.1 Where any prescribed requirements have not been met, and any shortcomings in these regards are not capable of being readily rectified within the 6-week timescale, LPAs will have to repeat gateway 3 prior to submitting their plan for examination. The assessor’s gateway 3 report will set out their reasons for concluding that any prescribed requirements have not been met along with any advice on how the requirements may be met. In such circumstances, the LPA will have to rectify any shortcomings prior to submitting documents for a repeat of the gateway 3 assessment as soon as is reasonably practicable. Repeat assessments will follow the format of the procedures outlined above, albeit that the process will be more focused on any prescribed requirements that were not complied with at the earlier gateway 3 stage. The local plan timetable would need to be updated to reflect any delays.

3.14 Scope of gateway 3 advice and observations

3.14.1 Gateway 3’s primary focus is to assess whether the LPA has met prescribed requirements set out in legislation. Consequently, assessors will only offer observations on soundness and/or other procedural matters in exceptional circumstances. Such circumstances may include where assessors consider that a soundness issue may benefit from initial up-front work in an examination, including where changes made by an LPA to the plan have not been consulted on and would benefit from focused consultation. Moreover, whilst the Regulations only require the LPA to submit a summary of representations made during consultation, the assessor’s advice could set out where the provision of the full versions of specific representations may be of assistance to the forthcoming examination. Hearing dates may also be usefully agreed as part of the gateway 3 assessment, which would allow for an efficient notification process at the start of the examination.

3.14.2 Where such advice is likely to lead to additional up front work in an examination, the LPA should consider whether amendments to the Local Plan Timetable may need to be made to take this into account.

3.15 Following successful completion of gateway 3

3.15.1 The assessor’s observations or advice

When an LPA has successfully completed gateway 3 assessment it must publish the assessor’s report containing their observations and advice. The LPA must also notify those who have requested to be notified of the observations and advice.

3.15.2 Other publication requirements

Alongside the publication and notification requirements relating to an Inspector’s observations and advice on the successful completion of gateway 3, LPAs are required to publish its gateway 3 completion statement and a copy of the gateway 3 submission documents.

3.15.3 Submission

Once a plan passes the gateway 3 process it must be submitted for independent examination in line with the processes outlined below.

4. Submission

4.1 Timing of local plan submission

4.1.1 LPAs should normally submit their plans within 3 weeks of receiving an assessor’s gateway 3 report which confirms that the plan has met the prescribed requirements. In some limited circumstances, a longer period between gateway 3 and submission may be warranted. These may include where observations or advice supplied by the assessor at gateway 3 highlight issues that the LPA may wish to address in advance of submission (see paragraph 3.14.2 above). In such circumstances, the LPA should consider whether adjustments to the Local Plan Timetable may be necessary and any implications for plan submission should be communicated promptly to the Planning Inspectorate. In all other circumstances, if an LPA looks set to miss the 3 week target, they must let the Planning Inspectorate know as soon as possible what the length of the delay is and the reasons for it. It is vital for LPAs to keep the Planning Inspectorate informed at this stage as any unforeseen delays to submissions may result in related delays to appointment of examining Inspectors.

4.1.2 If the plan that an LPA submits has changed from the version provided for gateway 3 assessment, LPAs should provide a statement outlining the alterations they have made and whether any additional consultation has taken place on these. Appointed examining Inspectors may deal with any substantive changes early in the examination in the interests of fairness and in an effort to avoid prejudice to interested parties.

5. Initial assessment and organisation of the hearing sessions

5.1.1 At the outset the Inspector will make contact with the PO and begin an initial assessment of the plan. A provisional date for the hearing sessions will have been identified at gateway 3 together with the identification of a suitable venue. One of the first administrative tasks is confirm the date and venue for hearing sessions, following on from firming up arrangements provisionally agreed at the gateway 3 stage. The timing of the hearing sessions will accord with the Local Plan Timetable and will seek to ensure that the 30-month timeframe for the preparation of local plans can be met. Hearing sessions will usually be held in-person at a venue. However, LPAs should also be prepared to host any virtual sessions, via video-conferencing software, that may be necessary. Inspectors will determine, in consultation with the LPA, whether any virtual sessions may be necessary on a case-by-case basis, in line with the Franks Principles and the need to ensure effective and efficient programming. Any discussions about the format of hearings will take place as part of the discussion about suitable dates. This will be done through the PO or at an initial procedural meeting (see below) with them and the LPA to discuss the requirements and the most appropriate format.

5.1.2 The Inspector will consider whether all the necessary documents have been submitted following on from gateway 3. Any queries on these and other procedural matters will be raised in correspondence with the LPA. The Inspector may wish to receive full versions of specific representations to assist with initial assessment. If this were to be the case, and where this has not been previously communicated in gateway 3 advice (see paragraph 3.14.1 above) they would aim to communicate this as early as possible in the examination.

5.1.3 On rare occasions, the Inspector may have concerns about procedural matters which cannot be readily resolved through correspondence. In such circumstances the Inspector may hold an early hearing session or a procedural meeting with the LPA, to discuss the concerns (see below for more information on the scope of these procedures).

5.1.4 During the initial assessment, the Inspector will identify the matters and issues affecting the plan’s soundness. These will provide the focus for the examination. The Inspector will take a proactive and inquisitorial approach to this task, taking account of the representations but bearing in mind that the absence of representations on a matter is not a guarantee of soundness (and vice versa). The Inspector may also write to the LPA with a series of initial queries to assist in understanding the plan and the evidence base.

5.1.5 The Inspector will aim to front-load the process to ensure the efficient and effective progress of the examination. For example, where it is possible, by identifying any apparent omissions in the evidence base or weaknesses in the justification for policies at an early stage. This can help provide an opportunity for the LPA to address these in time for discussion at the hearing sessions, rather than additional work being required after them, causing avoidable delay to the examination. In some cases, it may also save time at the hearing sessions by removing the need for some discussion.

5.2 Matters, Issues and Questions

5.2.1 The examination is driven by the tests of soundness set out in the NPPF, and the matters, issues and questions produced by an Inspector provide a focus for this assessment. They will be the basis for hearing statements sought from the LPA and other participants, and for discussion at the hearings themselves.

5.2.2 The Inspector will keep these under review to ensure that any new evidence or information that emerges (for example, in response to the Inspector’s initial queries) is taken into account.

• Matters are the broad topics to be considered in the examination: for example, housing need and supply, settlement strategy, flood risk
• Issues are the critical issues, identified by the Inspector, on which the soundness of the plan will depend; and
• Questions are set by the Inspector in order to elicit information relevant to the issues.

5.2.3 It is important to note that as the tests of soundness form the basis of the examination, Inspectors may ask questions about aspects of the plan on which no representations were received.

5.3 Arranging and allocating participants to hearings

5.3.1 The hearings stage of the examination is intensive and places considerable demands on the Inspector, the LPA and the other participants. For this reason, hearing sessions will usually be limited to three days per week, to allow adequate time between sessions for preparation and follow-up work. For the same reasons, hearings may be divided into two or three week blocks, with one or two week breaks between each block.

5.3.2 Any person who makes representations on the plan during its preparation must be given the opportunity to appear before and be heard by the Inspector, if they have requested to do so. The Inspector may invite any other person to attend a hearing session if, in the Inspector’s view, their participation will assist in assessing the soundness of the plan. But the Inspector has no power to summon a person to a hearing.

5.3.3 Following the publication of the matters, issues and questions for discussion at the hearings, representors who meet the criteria described in the previous paragraph will be asked to indicate which hearing session(s) they wish to participate in. Their requests to participate should be based on the relevance of their representations to the topics under discussion. However, the final decision on who is invited to each hearing session rests with the Inspector.

5.3.4 The Inspector will seek to finalise the matters, issues and questions as soon as possible. The list of participants for each hearing session will be based on the soundness issues they have raised in their earlier consultation responses. If there are representors who have asked to be heard whose representations fall outside the ambit of the Inspector’s matters and issues, they may be allocated to a general matters session or open floor hearing.

5.3.5 It may occasionally be appropriate to arrange a hearing session involving only the Inspector and the LPA: for example, if the Inspector identifies an issue that is not raised in any of the representations. While there may be no other participants, this session, like all the others, would be open to anyone to observe.

5.3.6 At the hearings, the role of explaining and justifying the submitted plan is performed by the LPA. However, in some circumstances the LPA may wish to include one or more such representors as part of their team for a hearing session. It is also open to the Inspector to invite them to appear in their own right, if it would assist his or her understanding of an issue.

5.3.7 Statutory and advisory bodies such as National Highways, Natural England or the Environment Agency may not have sought to attend the hearings, but in some cases the Inspector may consider that it would be helpful to invite them. For example, they may have an unresolved objection to the plan, or their specialist expertise on an important soundness issue may be needed. However, such invitations will be issued sparingly, in view of the resource pressures on these bodies.

5.4 Managing large numbers of participants

5.4.1 The number of participants at an individual hearing session should not exceed 20 wherever possible, and around 25 participants should usually be regarded as a maximum. Experience has shown that any larger number makes it difficult for the Inspector to probe the evidence adequately, and for participants to contribute effectively. The Inspector will take account of the expected number of participants in hearing sessions when deciding the appropriate hearings programme and format to hear the evidence and to ensure equitable accessibility and participation.

5.4.2 Where a large number of requests have been made to participate in a hearing session, the Inspector and the PO will seek to manage the number of participants by taking one or more of the following steps:

• reminding those concerned that written representations carry the same weight as oral evidence and inviting them to reconsider whether they need to appear

• asking those with similar views to appoint a single spokesperson

• considering whether it is possible to split the issues and questions for the over-subscribed session between two separate hearing sessions

• considering running ‘open floor’ hearings to facilitate people’s representations on a particular topic and

• as a last resort, arranging two hearing sessions to discuss the same issues and questions. Under this arrangement, representors scheduled for the second session would be encouraged to attend and observe the first one, and vice-versa. It would be open to representors to withdraw from the second session if, after observing the first session, they consider it is unnecessary for the Inspector to hear similar contributions again

5.5 Additional written material

5.5.1 Once the plan has been submitted for examination, no additional written material should be submitted, by the LPA or any other party, unless it has been requested by the Inspector. For example, if the LPA wishes to submit topic papers, they should form part of the evidence base submitted with the plan. Similarly, representors should ensure that all their evidence is provided with their original representations and should not rely on having an opportunity to submit further material during the examination.

5.5.2 The LPA and the other participants should await specific instructions from the Inspector about what additional material, if any, is required before the hearings commence. For example, the Inspector may wish to invite hearing statements on some or all of the identified matters, issues and questions. A limit of 3,000 words is normally set for hearing statements, and representors should only address those matters, issues and questions relevant to their original representations, unless advised otherwise. It is also open to the Inspector, if he or she considers it necessary, to invite further written statements from representors who have decided not to attend the hearings, on matters covered in their representations. In some cases, the Inspector may issue a discussion note to set the context for statements.

5.5.3 Where appropriate, the Inspector may also ask the LPA and other parties to prepare examination statements of common ground, in order to help define areas of agreement and disagreement. These may be particularly helpful in the examination of technical matters. The LPA and other parties may also prepare examination statements of common ground on their own initiative. However, the fact that parties may agree on certain issues will not prejudice the Inspector’s ability to investigate them further if it is considered necessary.

5.5.4 The deadline for submission of hearing statements and other written material will usually be two or three weeks before the hearings open, in order to give the Inspector and participants sufficient time to absorb their contents. If the hearings are split into two or more blocks, staggered deadlines may be set. Since late submission of statements causes difficulties for all parties, the Inspector will not normally accept statements that miss the deadline.

5.5.5 Because the examination is an inquisitorial rather than an adversarial process, it is inappropriate for parties to make further representations countering the arguments of others. In order to avoid this situation arising, the date for submission of hearing statements will normally be the same for all parties, including the LPA. However, the Inspector may invite further submissions on particular matters from the LPA or any other participant, if that is helpful to aid understanding of the issues.

5.6 Site visits

5.6.1 The Inspector will decide which sites and locations they need to visit in order to assess the soundness of the plan and may also undertake a familiarisation tour of the area. Site visits may take place at any time during the examination. The Inspector will make any necessary site visits unaccompanied, unless arrangements need to be made to enter private land.

5.7 Inspector’s guidance note

5.7.1 The Inspector will usually produce a Guidance Note outlining the procedures to be followed in the examination, which the PO will circulate to all representors. In most cases this will avoid the need for a pre-hearing procedural meeting.

5.7.2 The Inspector’s Guidance Note will normally:

• explain that the role of the Inspector is to carry out an independent examination of the soundness of the plan and to produce a report and recommendations to the LPA

• clarify that the submitted plan will form the basis for the examination and how the Inspector will take into account of representations made on it;

• highlight any changes that the LPA has made to the plan that was consulted on at third mandatory consultation stage

• make it clear that written representations carry as much weight as oral evidence given at the hearing sessions

• explain the procedures for making main and further modifications to the plan

• explain the role of the PO as an impartial person assisting the Inspector with administrative and procedural matters, and acting as a point of contact outside the hearing sessions

• set out the expected conduct of participants throughout the examination

• explain that the examination website is where all the examination documents will be published

• advise that the PO (liaising with the LPA) will assist anyone having difficulties accessing examination documents

• explain how the hearings will be carried out

• explain the procedure for deciding who will appear at the hearing sessions

• outline the procedures to be followed during the examination including the hearing sessions

• explain the role of the Inspector’s list of matters, issues and questions

• explain that omission sites will not usually be discussed at the hearings

• explain how site visits will be handled

• advise whether the Inspector is inviting hearing statements or other written submissions, and set out the arrangements and deadline for their submission

• advise that the hearings programme may change and that participants are responsible for keeping themselves up-to-date by regularly monitoring the examination website

(This is a summary of the topics normally covered in the Inspector’s Guidance Note. The note itself will provide more details on each topic and may cover others if the Inspector considers it necessary).

6. Preparation for the hearing sessions

6.1.1 The LPA and the other participants will prepare any hearing statements or other written material requested by the Inspector. If requested, hearing statements should directly address the Inspector’s matters, issues and questions, insofar as they are relevant to the participant’s representations at consultation stage. Should participants use artificial intelligence in the production of hearing statements, they should make it clear that they have done this and provide details both of the systems that they have used, and the source of the information relied upon in line with Planning Inspectorate artificial intelligence in casework evidence guidance on this matter. The PO will ensure that statements are published on the examination website as soon as possible after the deadline for their receipt. Hard copies may be requested for the Inspector and the LPA, but other participants should expect to access the statements via the website.

6.1.2 It is important that participants familiarise themselves with relevant representations, hearing statements and any other submitted written material before the hearings begin. The Inspector will treat all the submitted material as having been read and will not expect it to be reiterated at the hearing sessions.

6.1.3 The Inspector will review the list of matters, issues and questions for the hearings in the light of the written material submitted. The Inspector may consider that certain issues have been sufficiently clarified by written statements or may wish to vary the order of the questions or raise additional ones. The Inspector may prepare an agenda or a revised list of issues and questions for each hearing session setting out these changes. Wherever possible the PO will make these available to participants in advance of the sessions.

6.1.4 The Inspector’s agenda, or list of issues and questions, will provide the structure for the discussion at each hearing session. In some cases, the Inspector may circulate a discussion note in advance of the relevant hearing session, if this would help to clarify one or more issues. Occasionally, there may be a need to hold a technical seminar or procedural meeting before or during the hearings.

6.2 Practical arrangements for the hearing sessions

6.2.1 Some of the advice below only applies if the hearings are to be run as physical (‘real’) events. If any of the hearing sessions are to be held by means of a ‘virtual’ video or telephone conference, the Inspector will explain how they will be run in separate guidance, which will explain how participants will be able to take part.

6.2.2 The most appropriate room layout for the hearing session(s) will include a large rectangular table, or a set of tables arranged in a rectangle or a horseshoe, around which the participants are seated with the Inspector on their own at one end. One or more rows of seats should be provided behind the seats at the table itself, to accommodate members of participants’ teams. A desk and chair should be provided for the PO, usually near the door.

6.2.3 Adequate seating should also be provided for members of the public to attend and observe the hearing sessions. A good-quality amplification system should be installed so that the Inspector and participants can hear each other clearly and members of the public can follow the proceedings. The venue should be provided with wi-fi for participants capable of allowing access to examination documents.

6.2.4 The LPA will be best placed to estimate the likely numbers attending and should liaise with the PO to find a suitable venue. Should it turn out that the venue is not big enough to accommodate all those who come along wishing to observe, the hearing(s) might need to be postponed. If there are very large numbers expected, therefore, it might be appropriate for the LPA to consider live-streaming the event to an overspill room and/or on the internet, but in doing so the LPA would have to be content that any recordings retained adhered to relevant data protection legislation.

6.2.5 Representors may appear on their own behalf, or may be represented by an agent, for example a planning consultant or chartered surveyor. Apart from the LPA who will normally have two seats, one seat will usually be allocated to each representor, regardless of the size of their team. Any additional representatives will usually be expected to sit behind the lead speaker and “hot-seat” at an appropriate time if necessary. However, if there is sufficient space, the Inspector may allow additional representatives to sit at the table.

6.2.6 The Inspector will usually take notes at the hearing sessions. Their purpose is to act as an aide-memoire for the Inspector, they will not be published.

7. Conduct of the hearing sessions

7.1 Purpose of the hearing sessions

7.1.1 By the time the hearing sessions begin, the Inspector will have completed the initial assessment of the plan. The Inspector will be familiar with the content of the plan, the evidence base and the written material that has been submitted, including the representations and any hearing statements that have been invited. From the initial assessment the Inspector is likely to have formed a preliminary view on at least some of their identified issues and questions.

7.1.2 The main purpose of the hearing sessions is for the Inspector to probe the evidence further, by asking questions of the participants and hearing their oral contributions on the issues and questions that are critical to the soundness of the plan. The Inspector will encourage discussion on how any soundness issues with the plan can be resolved. Participants will be invited to contribute on the issues and questions relevant to their original representations. Unless invited to do so, they should not comment on other matters or reiterate at length points already made in their written submissions.

7.2 Attending the hearing sessions

7.2.1 Participation at the hearing session is limited to those who meet the criteria set out in the PCPA and those who have been invited to participate. Anyone may come and observe but non-participants have no right to speak.

7.2.2 It is participants’ responsibility to make themselves available at the time arranged for the hearing sessions to which they are invited. As it is not practically possible to arrange hearings around the availability of individual representors, anyone unable to attend will be expected to send a representative. Where it is genuinely impossible for them to attend, and all reasonable steps have been taken to facilitate their attendance, they will be given the option of submitting further written representations.

7.2.3 Members of Parliament (MP) may make representations and take part in the examination on the same basis as any other person. In addition, the Inspector will allow an MP, as a representative of their constituents, to take part in a hearing session, even if the MP did not make a representation. In view of MPs’ parliamentary duties, the Inspector will make reasonable arrangements to enable the MP to take part.

7.2.4 MPs may wish to make a statement or to take part in the discussion at the hearing session. Either is acceptable, as it is for any participant. It will be helpful if the PO is able to establish the intentions of the MP beforehand. If the MP has not previously made a representation it is reasonable for the PO to ask what they will be speaking about, and for the LPA to be made aware. It will also be helpful for the PO to send the MP the Inspector’s guidance notes and provide any other clarification about the examination that might be relevant.

7.2.5 Children can make representations during the plan-preparation stage and may then participate in the hearing sessions. Any participant under the age of 16 should be accompanied by a parent, guardian or other responsible adult.

7.3 Filming or recording hearing sessions

7.3.1 Provided that it does not disrupt proceedings, anyone will be allowed to report on and make audio and visual recordings of the hearings, including on digital and social media. The event may also live streamed on-line and/or a recording placed on the examination website by the LPA. Responsibility for compliance with data protection legislation lies with the person(s) doing the recording or filming. It is important to note that hearing sessions are public events and participants and observers may be recorded by others present.

7.3.2 In some cases, individuals either observing or participating at hearing sessions will not wish to be filmed. If possible, they should make this known to POs in advance of the hearings commencing. Inspectors’ opening announcements will also cover arrangements related to filming, including asking participants if they have any concerns.

7.3.3 If the hearing sessions are held as ‘virtual’ video or telephone conferences sessions these are likely to be ‘live-streamed’ or recorded and made available afterwards on the examination website (or both). If the LPA are not capable of providing those options to observe the hearing sessions, as an alternative, the Inspector may allow non-speaking participants into a ‘virtual’ meeting.

7.3.4 If any media organisations are planning to record or film the event, they should contact the Planning Inspectorate’s press office in advance. Anyone who wishes to record or film the event on equipment larger than a smartphone, tablet, compact camera or similar, especially if that is likely to involve moving round the venue to record or film from different angles, should contact the Programme Officer in advance to discuss arrangements.

7.4 Procedure at the hearing sessions

7.4.1 On the first day, the Inspector will make a brief opening statement, setting out the purpose and format of the hearing sessions as well as explaining the potential outcomes of the examination and any other relevant procedural and administrative matters. Thereafter, each hearing session will follow the agenda or the list of issues and questions, set by the Inspector.

7.4.2 In keeping with the inquisitorial nature of the examination, the Inspector will control the proceedings, inviting contributions from individual participants as appropriate. The Inspector will draw participants into the discussion in a logical order, reflecting their likely contributions. The LPA will be invited to respond at appropriate points. During the hearings the Inspector will explore the issues and questions, and wherever possible will seek to identify the potential for main modifications to make the plan sound. When discussion on an issue has reached the point at which no more is likely to be said to assist the Inspector’s conclusions on soundness, the Inspector will move on to explore the next issue.

7.4.3 To ensure that the time is used effectively, all submitted written material, including hearing statements, will be taken as read. Unsolicited additional written material will not usually be accepted at the hearing sessions unless it is directly relevant to the soundness of the plan and could not reasonably have been provided sooner. Where such information is accepted, the Inspector will ensure that other participants have sufficient time to consider the new material.

7.4.4 During the hearing sessions the Inspector may sometimes decide it is necessary to ask the LPA and/or other participant(s) to prepare further written information or evidence on a particular topic. A deadline will be set for its receipt. Other participants with an interest in that topic may be given the opportunity to comment on it, either at a later hearing session or in writing, where this is necessary to ensure fairness.

7.4.5 If the plan allocates sites for development, the hearing sessions will usually involve discussion of the soundness of the allocated sites and of the method by which they were selected. But the merits of sites not allocated in the submitted plan (known as “omission sites”) will not normally be discussed at the hearing sessions. This is because the focus of the examination is on the soundness of the submitted plan. However, there may be exceptional circumstances where it is necessary to discuss alternative sites. For example, if the provision of housing land in the plan falls below the area’s identified housing need, such a discussion may assist the Inspector in determining whether or not additional housing land is available and suitable for allocation and inform consideration of the plan’s housing requirement.

7.4.6 It is often particularly helpful for the LPA to be assisted by a legal advocate. Their familiarity with presenting cases can prove useful in reviewing the adequacy and appropriateness of the LPA’s evidence base and marshalling the evidence to assist the Inspector.

7.4.7 Sometimes other participants also choose to be represented at the hearings by a legal advocate (barrister or solicitor). Legal advocates take part in the hearings in the same way as any other participant. They will not usually be permitted to present evidence formally and cross-examine as they would at an inquiry, as this would undermine the inquisitorial purpose of the hearing as well as the principle that all participants are equal partners in the discussion.

7.4.8 At the end of the hearing sessions the Inspector will usually deal with outstanding procedural matters, for example, the arrangements for drafting and consulting on the main modifications, the deadline for any further written submissions that have been requested, or the arrangements for accompanied site visits. This may occur at the end of the last regular hearing session, or as a separate session. Usually only the LPA will participate in this discussion, but like all the hearing sessions it will be open to anyone to observe. Alternatively, the Inspector may deal with any outstanding procedural matters through correspondence with the LPA after the hearings close.

7.5 After the hearing sessions

7.5.1 After the hearing sessions, the examination remains open until the Inspector has completed their report. The Inspector will only request additional written material if it is essential to inform their conclusions on the soundness of the plan. Unsolicited correspondence and other written material will not be accepted.

7.5.2 It might occasionally be necessary for the Inspector to arrange one or more further hearing sessions during the reporting period, for example to resolve a fundamental soundness issue. Significant representations on the proposed main modifications might also give rise to the need for further hearings.

7.5.3 As set out above, the Inspector will raise any fundamental flaws in the plan or the evidence base with the LPA as soon as possible, including at gateway 2 and gateway 3 should such issues be apparent at that stage. In some cases, however, it may not be possible for the Inspector to determine whether or not such problems exist until the evidence has been thoroughly tested at the hearing sessions. It may therefore be necessary, after the hearing sessions have concluded, for the Inspector to write to the LPA asking them to undertake further work on the evidence base or to identify additional sites for allocation. The Inspector will seek to agree a timetable with the LPA for this further work and consultation. A pause in the examination (see further on this below) will usually be necessary to allow any further work of this nature to take place.

8. Main modifications to the Plan

8.1 Throughout the examination, the Inspector will explore the potential for main modifications to resolve the soundness issues they have identified. Section 15D(11) of the PCPA requires the Inspector to recommend main modifications if they would make it reasonable to conclude that a plan is sound.

8.2 Any change to the submitted plan that would materially affect one or more of the plan’s policies can only be made as a main modification recommended by the Inspector. main modifications may be suggested by the LPA, by representors and hearing participants, or by the Inspector. They can range in scope from redrafting parts of an individual policy to the deletion of whole policies or site allocations and the insertion of new ones.

8.3 During the hearing sessions the Inspector will aim to identify any main modifications that may be needed to achieve a sound plan. If the Inspector is not able to conclude on the need for any particular main modifications at the hearing session, they will write to the LPA after the hearings to set out their position. It may sometimes be possible to draw up the detailed text of a main modification at a hearing, but it is usually more efficient for this to be done afterwards. The Inspector will normally ask the LPA to maintain a running list of potential main modifications discussed during the course of the hearing sessions

8.4 The Inspector will aim to ensure that the LPA has a reasonable understanding of why all the potential main modifications are likely to be needed. Wherever possible the Inspector will seek to communicate this during the hearing sessions, but if there are issues for which this is not possible the Inspector will do so in writing as soon as possible afterwards. However, the Inspector’s final recommendations, and the reasons for them, will be set out in the report at the end of the examination.

8.5 All proposed main modifications must be subject to public consultation and, where necessary, environmental assessment and habitats regulations assessment before the Inspector can make recommendations on them. The Inspector will therefore agree a timetable with the LPA for drafting the proposed main modifications, any necessary assessments, and the public consultation. Consequently, where main modifications are needed it is likely that an extension to the examination will be necessary to accommodate this work and the participatory processes associated with it. Where this is the case, the Inspector may advise that the LPA’s Local Plan Timetable is adjusted accordingly.

8.6 The agreement of the main modification schedule between the LPA and the Inspector, assisted by the PO, should be a priority after the hearing sessions conclude, to ensure that the public consultation can take place in a timely manner. Where possible the timetable will be agreed before the hearings close, but if this is not feasible, as soon as practicable thereafter. As the first part of the process the LPA will be asked to produce a schedule of proposed main modifications for the Inspector’s comment. The LPA will need to work proactively with the Inspector and dedicate sufficient resources to finalise the main modification schedule, as well as any supporting assessments. It will be important for an LPA to have adequate staff resourcing in place to facilitate these processes after the hearings have concluded, in line with the information it has provided at gateway 3 on its practical readiness to start an examination.

8.7 The precise arrangements for public consultation will vary from case to case but will follow these general principles:

• it will be made clear that the consultation is only about the proposed main modifications and no other aspect of the plan, that they are put forward without prejudice to the Inspector’s final conclusions, and that all representations made will be taken into account by the Inspector
• the consultation document will include all the proposed main modifications, making no distinction between those originally proposed by the LPA and those proposed by the Inspector or others
• if the LPA wishes to include further modifications in the consultation document, they should be clearly distinguished from the main modifications, and it should be made clear that they are not before the Inspector for consideration
• the nature of the consultation should reflect that undertaken when the proposed local plan was consulted on, but with a maximum duration of 4 weeks unless exceptional circumstances indicate that a longer period should be necessary

8.8 The Inspector will consider all the representations made on the proposed main modifications before finalising their report and the schedule of recommended main modifications. Further hearing sessions will not usually be held, unless the Inspector considers them essential to deal with substantial issues raised in the representations, or to ensure fairness.

8.9 If the main modifications are likely to involve the allocation of additional sites that did not appear in the submitted plan, the Inspector may ask the LPA to undertake any necessary regulatory assessments and consultation on the additional sites as a separate process, before the full schedule of main modifications is agreed. In such circumstances a pause to the examination may be necessary to undertake the further work (see below) This will enable the Inspector to consider the representations on the additional sites, and if necessary, hold further hearing sessions to discuss them, before consultation on the other main modifications takes place. No further consultation on the additional sites will usually be necessary unless there are subsequent substantive changes.

8.10 When deciding whether or not to recommend that the LPA should make the main modifications, the Inspector will normally consider them in the form in which they were published for consultation. However, in some circumstances, the responses to consultation may lead the Inspector to consider that a new main modification, or an amendment to one that has already been consulted on, is also necessary to make the plan sound; or that a proposed main modification is not in fact necessary for soundness and should not be recommended. The Inspector may only recommend such changes to the main modifications without further consultation if they are satisfied that no party would be prejudiced as a result. For example, the consultation already undertaken on the main modifications might have adequately addressed the point, or the amendment might be a very minor one.

8.11 In some limited circumstances, the Inspector may determine that the plan is unsound as submitted, but that it can be made sound provided that the LPA commit to early preparation of a new local plan to address any identified shortcomings within defined timescales. An example might be where further work is needed to identify additional sites for housing in the latter part of the plan period, and the further work would involve a lengthy delay to the examination. In such cases it may be advisable for the LPA to prepare a subsequent local plan earlier than previously anticipated. If such a course of action is deemed necessary, a main modification to the plan should set out the commitment to early local plan preparation. Such a main modification would also set out the target date by which the subsequent plan would be submitted for examination. Consultation on that main modification, together with any other necessary main modifications to the plan, should take place in the usual way.

9. Examination pauses

9.1 In some circumstances, an Inspector may determine that an LPA would have to undertake further work in order for a plan to achieve soundness. If this is the case, PCPA 15DA provides Inspectors with the power to pause the examination. However, as the Regulations set a maximum duration of the pause at six months, Inspectors need to be content that any additional work could be completed within that timeframe. Due to the legislative limit on the extent of pauses their timing, duration and scope will be matters that will be carefully considered by Inspectors. Whilst LPAs would be free to request a pause, they should bear these considerations in mind when making such a request. In responding to such a request, an Inspector will take into account all relevant factors before coming to a decision.

9.2 Inspectors may consider that a pause is necessary at any time before the Inspector makes a recommendation, including during the initial preparation phase prior to hearings. However, whenever Inspectors reach the view that a pause is necessary, they will outline it in a letter to the LPA. The letter will set out the scope of the work that the Inspector considers to be necessary and their reasons for coming to this conclusion. It will also seek the LPA’s view as to the timeframe that would be needed to undertake the work. In some cases, Inspectors may call a procedural meeting to discuss the precise terms of any pause. Inspectors will usually ask the LPA to produce a project plan with milestones relative to the work required, which will form the basis of regular updates during the pause.

9.3 Following this exchange of correspondence, and if the Inspector is satisfied that necessary further work could be accommodated within the legislative timeframe allowed for a pause, they will notify the LPA and the Secretary of State (per s15DA PCPA). The notification will include the following items:

• the Inspector’s decision to pause the examination
• the matters which the Inspector considers need to be dealt with in order for it to become reasonable to conclude that the local plan is sound, and
• the period for which the examination is paused (which cannot begin earlier than the day on which the notification is given to the LPA)

9.4 The notification should be uploaded to the examination website in addition to the LPA publishing it in line with the requirements of the Regulations. The Regulations also require the LPA to notify any person who requested to be notified about an Inspector’s decision to pause an examination. The LPA should also update its Local Plan Timetable to reflect the terms of the pause.

9.5 PCPA requires the LPA, before the end of the pause, to send a document to the Inspector setting out what has been done to address the matters identified in the notification. The document should set out the terms of any main modifications that the LPA consider necessary to secure soundness, or state why they do not propose any main modifications. The LPA should also provide any further evidence that they may have assembled in response to the notification. The document and evidence are to be published by the LPA in accordance with the requirements of the Regulations and should be uploaded to the examination library. The LPA are also to notify those who requested notification on plan pauses when the document and any evidence is issued.

9.6 The Inspector will consider the document and any associated evidence received. They may also call a procedural meeting at this stage, where necessary, to discuss any practical implications that may arise.

9.7 It may appear to the Inspector that matters they have identified have not been reasonably dealt and that there is no prospect of progressing towards a sound plan. Where this is the case Inspectors will have to recommend withdrawal and provide their reasons for this recommendation, which the LPA should publish in the usual way.

9.8 Should the Inspector consider that the material provided by the LPA under this process deals with the matters that they have identified in a way that would secure progress towards a soundly based plan the examination would resume. Inspectors would normally communicate this by way of a letter or other similar update to be published on the examination library.

10. Inspector’s reports and recommendations

10.1 Key principles for reporting

10.1.1 The Inspector will make the report as concise as possible while ensuring it is adequately reasoned. In drafting the report, the Inspector will concentrate on:

• reaching clear conclusions, backed by reasoned judgements, on the soundness of the plan; and
• recommending main modifications as necessary to rectify any aspect of the plan they consider to be unsound, provided it is possible to do so.

10.1.2 The legislation only enables the Inspector to recommend main modifications where they would make it reasonable to conclude that the plan is sound. The Inspector has no power to recommend other changes, even if they would improve the plan. Representations are sometimes made about points that do not bear on soundness. The Inspector will not make recommendations on those points.

10.1.3 The examination’s focus on soundness means that, as far as possible, the Inspector’s report will avoid summarising the cases of individual parties, referring to specific representations and representors, or describing what was said at hearing sessions. The report will not respond to every point or issue raised by those objecting to the plan or refer to every policy and site allocation. Instead, it will explain concisely why the Inspector has arrived at their conclusions and recommendations.

10.2 Structure of the report containing the Inspector’s recommendations and reasons

10.2.1 The report will normally include the following sections:

• Summary: summarising the outcome of the examination and, where appropriate, the principal changes to the plan made by the main modifications and why these are necessary

• Introduction: setting out the purpose and context of the examination, the status of the submitted plan and the policies map, and any other preliminary procedural matters. It will usually also include a description of the process followed in preparing, consulting upon and recommending main modifications

• Assessment of soundness: this will normally be the main part of the report, assessing whether the plan meets the tests of soundness contained in the NPPF. It will deal in turn with each of the main issues identified by the Inspector on which the soundness of the plan depends. It will make it clear why any recommended main modifications are needed to make the plan soundness and legally compliant

• Overall conclusion and recommendation: setting out clearly, in terms of the relevant parts of the PCPA, whether the Inspector recommends that the plan should be adopted with or without main modifications, or that it should not be adopted; and

• Schedule of modifications: see ’Main Modifications to the Plan’ above.

10.3 Recommendations to withdraw

10.3.1 Where an Inspector finds that it is reasonable to conclude that a plan is not sound, and its soundness deficiencies could not be addressed by main modifications, PCPA s15D(12) requires them to recommend that a plan is withdrawn and that reasons are given for this recommendation. The examination’s focus on soundness means that, as far as possible, the Inspector’s recommendations and reasons will avoid referring to specific representations and representors or describing what was said at hearing sessions. Neither will the recommendations respond to every point or issue raised in respect of the plan or refer to every policy and site allocation. Instead, the recommendations and reasons will explain concisely why the Inspector has arrived at their conclusions and recommendations.

11. Consistency quality assurance, fact-check procedure and delivery of reports to the local planning authority

11.1 Consistency and quality assurance

11.1.1 The Planning Inspectorate is committed to ensuring a reasonable level of consistency of approach between Inspectors and across the Inspectorate’s interaction with individual plans. However, every examination is different, and circumstances can change over the course of a plan’s preparation, including between gateway assessments. Moreover, when undertaking their statutory functions, Inspectors must adhere to the Franks Principles of fairness, openness and impartiality.

11.1.2 With these things in mind, the Planning Inspectorate will, where necessary, undertake a thorough “handover” process between gateway assessors and examining Inspectors. This process will ensure, where different Inspectors are appointed to deal with a plan at its different stages, that knowledge of the relevant issues and the advice provided is shared.

11.1.3 Moreover, completed Inspector’s reports for gateway 2, gateway 3 and the examination, and any recommendations to withdraw will be subject to the Planning Inspectorate’s quality assurance [QA] process before they are sent to LPAs. QA is a peer-review process, the principal aim of which is to ensure reasonable consistency, whilst recognising the differences between plans and that circumstances affecting an individual plan can change over the course of its preparation.

11.2 MHCLG protocol

11.2.1 The letter of 18 June 2019 from the Secretary of State to the Chief Executive of the Planning Inspectorate, requires all post-hearing advice letters, letters containing interim findings, and any other letters which raise soundness or significant issues, as well as final reports to be sent to MHCLG on a for-information basis at least 48 hours before it is sent to the LPA. Consequently, the following items will be shared on this basis prior to issuing to the LPA:

• A gateway 3 assessment which finds that an LPA has not met one or more of the prescribed requirements;
• Any discretionary advice provided at gateway 3 (see paragraph 3.14.1 above) which identifies soundness problems that would have to be addressed at an early stage
• Post-hearing or other soundness letters issued during the examination, including any which indicate a pause is necessary prior to formal notification under s15DA (2) PCPA
• Recommendations that plans should be withdrawn and their supporting reasons
• Inspectors’ final reports outlining their recommendations and reasons.

11.3 Soundness letters

11.3.1 When post-hearings or other soundness letters are sent to the LPA, they should be published on the examination library as soon as is practicable.

11.4 Fact-check final reports

11.4.1 Following the QA process, and after sharing with MHCLG in line with the procedure outlined above, the Inspector’s final report setting out their recommendations and reasons will be sent to the LPA in digital format for fact-check. The primary purpose of the fact-check process is for the LPA to draw attention to any factual errors or inconsistencies in the report. The LPA may not question the conclusions and recommendations in the report, although they may seek clarification on any that they consider to be unclear. The LPA should complete the fact-check within 5 days of receiving the fact-check report. They should not publish the report at this stage because it is not in its final form.

11.4.2 Given the tight turnaround for the fact check process, the Planning Inspectorate and LPAs should maintain good channels of communication relating to estimates of when final reports will be provided. LPAs should ensure that adequate staff resources are available to undertake the fact check process at the agreed time.

11.4.3 There is no mechanism for the final report to be amended by the Inspector or anyone else after it has been sent to the LPA. It is therefore important that the LPA check the accuracy of the report very carefully at the fact-check stage. It is particularly important to check that the report and the schedule of MMs are fully consistent.

11.5 Delivery of the final report

11.5.1 Once the fact check has been completed and the Inspector has dealt with any points raised, the final report will be sent to the LPA. This marks the completion of the examination.

11.5.2 The Planning Inspectorate will not publish the report. It is produced for the LPA who are required to publish it as soon as is reasonably practicable after receiving it. Similarly, the Planning Inspectorate will not make known the outcome of a completed examination until the final report has been published by the LPA. The Planning Inspectorate maintains lists of the plans that have been submitted for examination and (where they are found sound) their date of adoption. Accordingly, LPAs should inform the Planning Inspectorate of the adoption of any plans (including supplementary plans and neighbourhood plans) as soon as is practicable.

11.6 Invoicing

11.6.1 The LPA will be invoiced in accordance with the service level agreement between the LPA and the Planning Inspectorate, which will be finalised in advance of the gateway 2 assessment. The charging regime is set out in the Town and Country Planning (Costs of Independent Examinations for Local Planning etc.) (Standard Daily Amount) (England) Regulations 2026, which provide a ‘day rate’ for both gateways and examinations.

12. Other procedures

12.1 Technical seminars and meetings

12.1.1 If a plan raises complex technical issues, the Inspector may decide to hold a technical seminar. The technical seminar will not test the evidence: that is the role of the hearing sessions. The purpose of the technical seminar is to provide the Inspector and other participants with a clearer understanding of the methodology and assumptions underpinning the technical evidence, thus saving time during the hearings.

12.1.2 Before arranging a technical seminar, the Inspector will consider whether inviting additional explanatory material, and/or examination statements of common ground, would adequately clarify the methodology and assumptions underpinning the technical evidence.

12.1.3 If a technical seminar is required, the parties presenting the technical evidence will be asked to prepare the necessary explanatory material. The material will be circulated to the participants who have been invited to attend the relevant hearing session(s). Those participants may participate in the technical seminar, and it will be open to anyone to observe. It should be publicised in a similar manner to the hearing sessions.

12.1.4 It will be appropriate for participants to ask questions of clarification during the technical seminar, but discussion of the implications of the technical evidence for the soundness of the plan should only take place at the relevant hearing session(s).

12.1.5 Occasionally the Inspector may ask the LPA to hold a technical meeting with stakeholders and interested parties during the course of an examination, aiming to resolve or minimise issues in dispute. These meetings are held outside the formal examination process, without the Inspector being present, but the outcome of any such meetings should be published.

12.2 Formal presentation of evidence and cross-examination

12.2.1 There may be rare occasions – for example if unusually complex technical issues, or disputes over crucial matters of fact, arise – when the Inspector considers that formal presentation of evidence followed by cross-examination and re-examination is necessary to test the evidence adequately. In such exceptional circumstances the Inspector has discretion to allocate all or part of a hearing session to this formal procedure.

12.2.2 If any participant (including the LPA) wishes the Inspector to consider using this formal procedure, he or she must be prepared to make a convincing case for this well in advance of the session. The final decision will rest with the Inspector. Participants will be informed in advance of the session which subject(s) the formal procedure will apply to and that it will not apply otherwise.

12.3 Procedural meetings

12.3.1 Procedural meetings (PMs) could take place at the assessor’s/Inspector’s direction at gateway 3 and during examinations where they consider these to be necessary in the interests of efficiency and effectiveness. In all cases PMs are procedural and administrative in scope and involve no discussion of soundness. As an Inspector is at liberty to call a procedural meeting at any point in the examination the examples below are intended as illustrative rather than exhaustive.

12.4 At gateway 3

12.4.1 In some circumstances an assessor may arrange a PM during gateway 3 to discuss an LPA’s practical readiness to proceed to examination, or to clarify the position on other prescribed requirements. Only the assessor, LPA and PO will participate in such meetings. If such a meeting is held, a non-verbatim note should be made available as an annexe to the assessor’s gateway advice.

12.5 Pre-hearing

12.5.1 If undertaken during an examination, and prior to hearings, a PM can help as a pre-hearing administrative aid to ensure the smooth running of unusually complex examinations: for example, examinations dealing with more than one plan, or where there are exceptionally large numbers of potential participants for the hearings. However, in the vast majority of cases the necessary information can be disseminated in the Inspector’s guidance note. In cases where a PM such as this is held, a guidance note will still be circulated as usual.

12.5.2 At a PM of this nature, the Inspector will introduce the PO and will briefly outline the arrangements for the examination and the other main points in the guidance note. The Inspector will then explain the particular procedural or administrative matters that have given rise to the need for the PM and will usually set out proposals for dealing with them, while remaining receptive to reasonable alternative suggestions. There will be an opportunity for questions to be put to the Inspector and for the Inspector to put questions to others.

12.6 Pauses

12.6.1 If an Inspector considers that a pause to an examination is necessary, they may convene a PM to discuss the procedural and administrative arrangements relating to this. This would be done in advance of an Inspector issuing the formal notification which commences the pause and sets its timeframe. In such instances, only the Inspector and LPA would take part in any such meeting, although others would be free to observe it. PMs may also be called at the end of a pause to discuss any practical implications arising.

12.7 General considerations relating to procedural meetings

12.7.1 If the Inspector decides that a PM is necessary at any of these stages, suitable dates will be set as soon as possible. Where a PM takes place as part of an examination and parties other than the LPA may be invited, the notice period is not prescribed in legislation but at least 2 weeks is recommended. Everyone who has made a representation on the plan will be notified.

12.8 Open floor hearings

12.8.1 Where an examination involves a potentially large number of participants Inspectors may look to arrange open floor hearings. These hearings allow participants to speak directly to an Inspector about their views on a plan without needing to be involved in round table discussions. The examination timetable will include a deadline for when participants will need to tell the PO if they want to speak at an open floor hearing. If lots of people ask to speak then more than one open floor hearing may be held.

12.8.2 Once an interested party has spoken at one open floor hearing they cannot speak again at another. Where interested parties have similar views, they could group together and select a spokesperson. The spokesperson can then present those views to the Inspector on behalf of the group. There may not be an agenda for the hearing as it is open for discussion of any issue about a plan. However, if a lot of people want to speak Inspectors may provide agendas to group similar topics together. This will include a list showing the order in which people will be invited to speak and may give a time limit for each person or organisation to have their say.

12.9 Conduct of all parties during the examination

12.9.1 The issues considered in local plan examinations can be controversial, sometimes leading to strong and conflicting views. At all times during the examination participants and observers are expected to act in a courteous, respectful and helpful manner towards the Inspector, PO and each other. The Inspector will ensure that all participants are given a fair opportunity to express their views. Inappropriate material such as vexatious or defamatory material submitted during the examination will not be accepted by the Inspector and will be returned by the PO. Threatening or aggressive behaviour of any kind will not be tolerated.

12.9.2 At the hearing sessions, if the Inspector considers the behaviour of any participant or observer to be disruptive or inappropriate, an initial request will be made for it to stop. If the behaviour continues, a more formal warning will be given. As a last resort, if the behaviour has not improved, the Inspector will ask the person to leave the hearing session.

12.9.3 The Inspector will work proactively with the LPA at all times of the examination. Any questions, concerns or uncertainty about an Inspector’s handling of an on-going examination from the LPA or any other participants should be raised as early as possible through the PO, who will pass it on to the Inspector, if appropriate.

12.9.4 If the LPA or other participants are dissatisfied with the service provided and it has not been possible to resolve this through the PO, information about making a complaint can be found in the Planning Inspectorate’s Complaints Procedure guide.

12.10 How we use your personal information

The Planning Inspectorate takes its data protection responsibilities for the information provided to us with very seriously. To find out more about how we use and manage personal data, please go to our privacy notice.

Glossary of abbreviations

Plan	Local Plan
LPA	Local Planning Authority
MHCLG	Ministry of Housing, Communities and Local Government
MP	Member of Parliament
NPPF	National Planning Policy Framework
PCPA	Planning and Compulsory Purchase Act 2004 (as amended)
PM	Procedural meeting
PO	Programme Officer
PPG	Planning Practice Guidance
QA	Quality Assurance
The Regulations	The Town and Country Planning (Local Planning) (England) Regulations 2026
SEA	Strategic Environmental Assessment
SoS	Secretary of State for Housing, Communities and Local Government

Definitions

Inspector	Person appointed by the Secretary of State in accordance with s15D4 of the Planning and Compulsory Purchase Act 2004 (as amended) (PCPA)
Gateway assessor	A person appointed by the Secretary of State in accordance with section 15CA of the PCPA to provide gateway 2 or gateway 3 observations and advice (usually a Planning Inspector)
Main modifications	Modifications which the Inspector recommends in order to reasonably conclude that the plan is sound (per s15D(11) of the PCPA).
Further modifications	Modifications which, taken together, do not materially affect the contents of the plan.  These are the responsibility of the local planning authority (per s15EA of the PCPA).
Open floor hearings	A hearing for allowing representors to exercise their right to be heard where there is an unusually large number of representations on a particular matter.  Such events may also be held where parties’ representations do not readily fit in with topic-specific hearing discussions.
Technical meeting	A meeting to discuss complex technical issues
Procedural meeting	A meeting to discuss administrative/procedural matters in the interests of efficiency. No soundness issues are discussed
Final report	The Inspector’s recommendation either to adopt or withdraw the plan and their reasons for this (per ss15D and 15DA of PCPA)