The Spatial Development Strategy (Examination Procedure) Rules 2026

Published: Thu 5th Nov 26

Established formal procedures and notice requirements for the independent examination of draft spatial development strategies in England.

These Rules establish the procedural framework for the independent examination of draft spatial development strategies in England.

They direct examiners to define the scope of inquiries, solicit written submissions, and determine whether matters should be addressed through written evidence or public hearings.

The instrument applies to independent examiners, strategic planning authorities, and the Secretary of State, setting specific timelines for notifications and requiring that all relevant evidence and final reports be made available for public inspection online and at physical government offices.

Arguments For

The rules establish a structured framework for the independent examination of spatial development strategies, which the document states is required by Part 1A of the Planning and Compulsory Purchase Act 2004.
Proponents may argue that the rules ensure transparency by requiring the examiner to publish a list of matters to be examined and any questions arising from them.
The document specifies that examiners have the authority to determine the most appropriate procedure for examination, allowing for flexibility between written submissions and oral hearings.
Provisions for remote attendance and broadcasting of hearings are included to facilitate public access to the examination process.
The rules mandate that strategic planning authorities and the Secretary of State must make examination documents and the final report available for public inspection both online and at physical offices.

Arguments Against

Legal scholars might note that the rules grant the examiner broad discretion under Rule 6 to determine procedures, which could lead to inconsistencies in how different strategies are examined.
Affected parties may find the minimum four-week window for written submissions and participation requests challenging if the strategy documentation is complex.
Civil society groups might argue that while the rules allow for remote attendance, they do not guarantee a right to be heard for all interested parties, as participation is subject to an invitation from the examiner.
Local authorities may face administrative burdens related to the specific publication and notification requirements outlined in Rules 11 and 12.

Citation, commencement, extent and application

1.—(1) These Rules may be cited as the Spatial Development Strategy (Examination Procedure) Rules 2026.

(2) These Rules come into force on the 21st day after the day on which they are laid before Parliament.

(3) These Rules extend to England and Wales and apply in relation to England only.

(4) These Rules apply in relation to the examination of a spatial development strategy under section 12I or 12P(6)(a) of the Planning and Compulsory Purchase Act 2004.

This section establishes the official name of the rules and sets the commencement date as 26 November 2026.

It limits the legal application of the procedures to examinations occurring within England.

The rules specifically govern examinations conducted under the Planning and Compulsory Purchase Act 2004, including those led by local authorities or those taken over by the Secretary of State.

Interpretation

In these Rules—

"the 2004 Act" means the Planning and Compulsory Purchase Act 2004;

"examiner’s report" means the report made by the examiner under section 12I(6) of the 2004 Act, including as applied by section 12P(7) of the 2004 Act;

"participation request" means a request to take part in the examination.

In these Rules, a reference to—

(a) a strategic planning authority’s website includes a reference to the website of a constituent authority of a strategic planning board;

(b) a strategic planning authority’s principal office includes a reference to the principal office of a constituent authority of a strategic planning board.

These sections define the core terminology used throughout the document to ensure consistent legal application.

They clarify that participation requests refer to formal asks to join the examination process.

Additionally, they ensure that publication requirements can be met via the websites or offices of individual member councils within a broader strategic planning board.

List of matters to be examined

4.—(1) The examiner must prepare—

(a) a list of the matters to be examined at the examination and any questions arising in connection with those matters, and

(b) a statement inviting—

(i) written submissions on the matters to be examined at the examination, and

(ii) participation requests.

(2) The statement under paragraph (1)(b) must specify—

(a) the information that must be included in written submissions and participation requests,

(b) the form and manner in which written submissions and participation requests must be made, and

(c) the date on or before which written submissions and participation requests must be received by the examiner, which must be a date not less than 4 weeks from the date on which the statement is published.

(3) The examiner must send copies of the documents referred to in paragraph (1) to the following persons—

(a) in relation to an examination under section 12I of the 2004 Act, the strategic planning authority that prepared the draft spatial development strategy being examined;

(b) in relation to an examination under section 12P(6)(a) of the 2004 Act—

(i) the Secretary of State;

(ii) the strategic planning authority from whom the Secretary of State took over preparation of the draft spatial development strategy being examined.

This rule directs the examiner to create a formal scope for the examination, including specific questions they intend to address.

It requires a public invitation for written evidence and requests to participate, giving respondents a minimum of four weeks to submit.

The examiner is also obligated to share these scoping documents with the relevant planning authority or the Secretary of State.

Written submissions and participation requests

5.—(1) Written submissions and participation requests must—

(a) contain the information,

(b) be made in the form and manner, and

specified in the statement published under rule 4(1)(b).

(2) The examiner must consider any written submissions and participation requests that comply with paragraph (1).

This section sets out the compliance criteria for individuals or groups wishing to contribute to the examination.

It mandates that the examiner must review and consider all submissions and requests that meet the specified format, content, and deadline requirements.

Determination of procedure

The examiner may determine the procedure by which a matter is to be examined.

This rule grants the examiner the legal authority to decide how the examination will be conducted.

This includes deciding which issues require oral hearings and which can be settled through written representations alone.

List of participants and examination timetable

7.—(1) Within the period of 4 weeks beginning with the day after the day by which written submissions and participation requests must be received, the examiner must prepare—

(a) a list of the persons invited to take part in the examination, and

(b) a timetable for the examination.

(2) The timetable for the examination must set out—

(a) which matters are to be examined by way of hearing,

(b) the date of the hearing, and

(3) The examiner must send copies of the following documents to the persons specified in paragraph (4)—

(a) the list of the persons invited to take part in the examination,

(b) the timetable for the examination, and

(4) The persons referred to in paragraph (3) are—

(a) in relation to an examination under section 12I of the 2004 Act, the strategic planning authority that prepared the draft spatial development strategy being examined;

(b) in relation to an examination under section 12P(6)(a) of the 2004 Act—

(i) the Secretary of State;

(ii) the strategic planning authority from whom the Secretary of State took over preparation of the draft spatial development strategy being examined.

(5) The examiner may, at any time, vary the timetable for the examination.

(6) The examiner must, as soon as reasonably practicable, send any variation to the timetable to the persons specified in paragraph (4).

The examiner is required to produce a participant list and a formal timetable within four weeks of the submission deadline. This timetable must identify hearing dates and the target date for the final report.

The rule also permits the examiner to change the schedule as needed, provided they notify the planning authority or the Secretary of State.

Notice of hearing

8.—(1) This rule applies where the examiner determines that a matter is to be examined by way of hearing.

(2) The examiner must give each of the persons specified in paragraph (3) at least 4 weeks’ notice in writing of—

(a) the date and the time of the hearing,

(b) the location of the hearing or, where the hearing is to take place remotely, the arrangements to enable remote attendance;

(3) The persons referred to in paragraph (2) are—

(a) in relation to an examination under section 12I of the 2004 Act, the strategic planning authority that prepared the draft spatial development strategy being examined;

(b) in relation to an examination under section 12P(6)(a) of the 2004 Act—

(i) the Secretary of State;

(ii) the strategic planning authority from whom the Secretary of State took over preparation of the draft spatial development strategy being examined;

When an oral hearing is scheduled, the examiner must provide at least four weeks' written notice to all invited participants and relevant authorities.

The notice must include logistical details for physical locations, remote access links, or broadcasting arrangements.

Request for information

9.—(1) The examiner may serve a notice at any time on any person to request any information that the examiner reasonably requires in connection with the examination of the spatial development strategy.

(2) A notice under paragraph (1) must specify—

(a) the information requested, and

(b) the date by which the information must be sent to the examiner.

(3) As soon as reasonably practicable after receipt of any information requested in accordance with paragraph (1), the examiner must—

(a) in relation to an examination under section 12I of the 2004 Act, send a copy of the information to the strategic planning authority that prepared the draft spatial development strategy being examined;

(b) in relation to an examination under section 12P(6)(a) of the 2004 Act, send a copy of the information to—

(i) the Secretary of State;

(ii) the strategic planning authority from whom the Secretary of State took over preparation of the draft spatial development strategy being examined.

This rule authorizes the examiner to issue formal notices to obtain necessary information from any person during the examination.

Any information gathered through this process must be shared with the planning authority or the Secretary of State.

Examiner’s report

10.—(1) The examiner’s report must be in writing.

(2) Paragraph (3) applies in relation to an examination under section 12I of the 2004 Act.

(3) At the same time as making the report to the strategic planning authority, the examiner must send a copy of the examiner’s report to the Secretary of State.

(4) Paragraph (5) applies in relation to an examination under section 12P(6)(a) of the 2004 Act.

(5) At the same time as making the report to the Secretary of State, the examiner must send a copy of the examiner’s report to the strategic planning authority from whom the Secretary of State took over preparation of the spatial development strategy.

This section requires the examiner to produce their findings in a written report.

It ensures that both the Secretary of State and the relevant local planning authority receive the report simultaneously, regardless of which body originally initiated the strategy.

Publication by a strategic planning authority

11.—(1) This rule applies in relation to an examination under section 12I of the 2004 Act where a strategic planning authority receives copies of the documents or information referred to in—

(a) rule 4(1);

(b) rule 7(1);

(d) rule 8(2);

(e) rule 9(3).

(2) As soon as reasonably practicable after receipt, the strategic planning authority must—

(a) publish the documents or information referred to in paragraph (1) on the authority’s website, and

(b) make copies of the documents or information referred to in paragraph (1) available for inspection at the authority’s principal office and at any other place that the authority considers appropriate.

When the local planning authority is lead on the strategy, this rule requires them to publish all examination documents, including the matter list, timetable, and hearing notices.

These must be made available both on their website and for physical inspection at their main offices.

Publication by the Secretary of State

12.—(1) Paragraph (2) applies where the Secretary of State receives copies of the documents or information referred to in—

(a) rule 4(1);

(b) rule 7(1);

(d) rule 8(2);

(e) rule 9(3).

(2) As soon as reasonably practicable after receipt, the Secretary of State must—

(a) publish the documents or information referred to in paragraph (1) on a government website, and

(b) make copies of the documents or information referred to in paragraph (1) available for inspection at the Secretary of State’s principal office and at any other place that the Secretary of State considers appropriate.

(3) Paragraphs (4) and (5) apply where the Secretary of State publishes the examiner’s report under section 12P(8)(a) of the 2004 Act.

(4) The Secretary of State must—

(a) comply with section 12P(8)(a) of the 2004 Act within the period of 2 weeks beginning with the day on which the Secretary of State receives the examiner’s report;

(b) publish the examiner’s report by—

(i) publishing the report on a government website, and

(ii) making copies of the report available for inspection at the Secretary of State’s principal office and at any other place that the Secretary of State considers appropriate.

(5) As soon as practicable after publishing the examiner’s report, the Secretary of State must notify the following persons that the examiner’s report has been published on a government website—

(a) the strategic planning authority;

(b) any county council for an area that is within, or any part of which is within, the strategy area;

If the Secretary of State has taken over the strategy, they must handle the publication of all examination documents on a government website and in their offices.

They are given a two-week deadline to publish the final report after receiving it and must formally notify all affected local, district, and county councils.

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