Local Plan examination: soundness, hearings, MIQs and main modifications explained

 

A Local Plan examination is the independent testing stage after a council has prepared its plan and submitted it to the Secretary of State. The Inspector is not deciding whether the plan is popular. The task is to test the plan against the legal and policy requirements which apply to that particular plan-making system.

That last point matters in 2026 because England is running two Local Plan systems side by side. Legacy and transitional plans can continue under the saved 2012 system, while new plans use the 2026 plan-making system with gateways and a different examination framework.

Our wider Local Plans guide explains how those two systems fit together from preparation to adoption. This page starts at examination and concentrates on soundness, hearings, Matters, Issues and Questions, modifications and the Inspector’s report.

The distinction is not academic. The soundness wording, the route to main modifications and the participation rules are not identical under the two regimes.

 

 

What happens at a Local Plan examination?

 

Once the relevant submission requirements have been completed, the plan is submitted to the Secretary of State and one or more independent Planning Inspectors are appointed. The Inspector controls the examination and decides how the issues will be tested.

The council remains the plan-making authority. It supplies the evidence, responds to the Inspector, attends hearings and may propose changes. But it does not mark its own homework. The examination is independent.

A Programme Officer normally acts as the administrative link between the Inspector, the council and participants. The Programme Officer is independent of the council’s plan-making team for examination purposes and manages correspondence, hearing arrangements, document circulation and the examination library.

The examination library is therefore the place to follow the process. It commonly contains the submitted plan, evidence, representations, Inspector correspondence, Matters, Issues and Questions, hearing statements, programmes, action notes, proposed modifications, consultation responses and eventually the Inspector’s report.

 

First identify which Local Plan system applies

 

The Town and Country Planning (Local Planning) (England) Regulations 2026 came into force on 25th March 2026. The 2012 Regulations were revoked but saved for eligible plans continuing through the legacy route.

Government and Planning Inspectorate guidance therefore operate two examination procedures during the transition. Plans which validly remain in the saved legacy system continue under the old statutory route. New-system plans use the 2026 Regulations and the amended Planning and Compulsory Purchase Act 2004.

The legacy submission backstop is 31st December 2026, subject to the detailed transitional provisions which determine whether an individual plan qualifies. Do not decide the applicable regime simply from a familiar label such as “Regulation 19” because the regulation numbers mean different things in the two systems.

The safest approach is to check the council’s submission documents, the Inspector’s opening correspondence and the statutory transition provisions. Our Local Plans page explains the pre-examination transition in more detail.

 

Legacy and transitional Local Plans: legal compliance and soundness

 

For a legacy examination, the familiar framework remains the Planning and Compulsory Purchase Act 2004 as saved and the saved 2012 Regulations. The Inspector considers whether the relevant legal and procedural requirements have been met and whether the submitted plan is sound.

Legal compliance is not the same thing as soundness. Legal compliance looks at whether the authority has followed the statutory plan-making requirements which apply to that plan. Depending on the issue, that can include the prescribed preparation and consultation steps, submission documents and environmental assessment requirements.

The former statutory duty to cooperate needs particular care. It was repealed from 25th March 2026 and was not preserved as a separate legal examination test for legacy plans continuing under the saved system. Evidence of effective cross-boundary working can still be relevant to soundness, but that is different from treating the old duty to cooperate as if it remains a free-standing pass or fail legal test.

Under the NPPF wording applicable to the legacy plan-making route, a sound plan is tested as:

• Positively prepared – providing a strategy which seeks to meet the area’s objectively assessed needs and deals appropriately with unmet needs and sustainable development
• Justified – an appropriate strategy, taking account of reasonable alternatives and based on proportionate evidence
• Effective – deliverable over the plan period and based on effective joint working on cross-boundary strategic matters
• Consistent with national policy – enabling sustainable development in accordance with the applicable national policy

These are the legacy soundness tests. They should not be silently replaced with the newer August 2026 wording where transitional policy says the older plan-making framework continues to apply.

 

New 2026 Local Plan system: what does the Inspector test?

 

The new system front-loads more procedural checking through its three gateways. Gateway 3 is intended to test prescribed requirements and readiness before the plan is submitted for examination.

The examination itself is then centred on whether the Local Plan is sound, using the August 2026 NPPF. Policy PM15 now gives five tests:

• Positive – the plan takes a positive approach to delivering growth to meet the area’s development needs and is based on effective joint working on cross-boundary strategic matters
• Appropriate – the plan sets out an appropriate strategy for sustainable development, taking account of reasonable alternatives and proportionate evidence
• Effective – the plan has effective policies and there is a reasonable prospect that its site allocations can be delivered at the time envisaged
• Consistent with national policy – the plan accords with the plan-making policies in the NPPF and other relevant national planning policy, without duplicating or contradicting national decision-making policies
• Conformity – the plan is in general conformity with any adopted spatial development strategy for the area

The NPPF says those tests should be applied proportionately. An emerging spatial development strategy can also be relevant to the conformity assessment depending on its stage.

The new system has its own statutory examination and modification provisions, so the old language about an authority formally asking the Inspector to recommend main modifications should not simply be copied across.

 

What are Matters, Issues and Questions?

 

Inspectors commonly organise an examination through Matters, Issues and Questions, usually shortened to MIQs.

A Matter is a broad topic to be examined. The Issues identify the soundness or procedural points within that topic. The Questions are the specific questions the Inspector wants the council and relevant participants to address.

MIQs turn a very large evidence base into a manageable examination programme. They also reveal where the Inspector considers the important areas of uncertainty to lie.

The council and invited or entitled participants may be asked to submit written hearing statements responding to the questions. Current Planning Inspectorate procedure normally expects concise statements and uses a 3,000-word limit for a hearing statement unless the Inspector directs otherwise.

Inspectors can also choose to examine a fundamental issue first. They do not have to spend weeks hearing every topic if a threshold question could determine whether the examination can sensibly continue.

 

Castle Point: why the MIQs matter

 

The 2026 Castle Point Local Plan examination is a useful real-world example of an Inspector narrowing the first hearings to a fundamental question.

In their Initial Note dated 26th March 2026, the Inspectors identified 11,662 dwellings as the standard-method housing need figure and compared it with the submitted Plan’s provision of 6,196 dwellings. They said they had “significant concerns about the soundness” of the approach.

The later Initial Matters, Issues and Questions dated 17th June 2026 deliberately limited the first hearings to the housing requirement and housing provision. Other matters were to follow if the examination continued.

The MIQs described 6,196 homes as “about 52%” of 11,662. The straight arithmetic is approximately 53.1%. That small numerical difference does not change the examination point, but it is worth recording accurately rather than silently repeating the percentage as a calculation.

The important legal and procedural point is that the Plan had not failed examination merely because the Inspectors had raised significant concerns. They had identified the issue to be tested through evidence and focused hearings.

The opening Castle Point sessions were programmed for 8th to 10th September 2026, with a reserve day on 11th September. Our Castle Point news article follows that live examination, while this page uses it only to explain the evergreen process.

 

What actually happens at a Local Plan hearing?

 

A Local Plan hearing is not a planning committee meeting and it is not an appeal inquiry into one development site. It is an Inspector-led examination discussion.

The Inspector decides the agenda, asks the questions and controls the discussion. The council explains and defends the submitted plan, while participants address the relevant soundness or procedural issues raised by their representations.

The process is deliberately inquisitorial rather than adversarial. The Inspector is trying to understand whether the evidence and strategy satisfy the applicable tests, not simply choosing the better speech between two opposing sides.

Written representations are important. Planning Inspectorate guidance makes clear that written submissions are not treated as second class simply because the representor does not speak at a hearing.

The published hearing programme identifies the sessions, timings and participants. Inspectors may also issue action notes or ask for short additional documents during or after a session where that will help resolve a specific point.

 

Who has a right to speak at the hearings?

 

The answer depends on the statutory system, which is another reason not to merge the legacy and new procedures.

Under the legacy system, the statutory right to appear is tied to a duly made representation at the publication stage which seeks a change to the plan and includes the necessary request to participate. The Inspector still controls which hearing session addresses the issue and can invite other people where that would assist the examination.

Under the new 2026 system, the participation route is broader. A person who made representations during plan preparation must be given the opportunity to appear and be heard where the statutory request requirements are met, while the Inspector retains control over the hearing programme and can invite others.

Making a representation does not create a right to speak on every Matter. Participation is linked to the issues raised and the sessions the Inspector considers relevant.

If you are unsure, check the Programme Officer’s participation note and the Inspector’s opening letter rather than assuming that a consultation response automatically gives an unrestricted hearing right.

 

What is the examination library?

 

The examination library is the public record of the examination. For anyone trying to understand what is happening, it is often more useful than a council news release.

Useful documents normally include:

• the submitted Local Plan and policies map
• the council’s evidence base
• submission and procedural documents
• representations and consultation summaries
• Inspector letters and notes
• Matters, Issues and Questions
• the hearing programme and participant lists
• council and representor hearing statements
• action notes and additional documents requested by the Inspector
• proposed main modifications and any environmental assessment material
• consultation responses on modifications
• the final Inspector’s report

If a fundamental soundness concern emerges, the Inspector’s correspondence can be more important than the latest version of the plan itself because it explains what remains unresolved.

 

Legacy plans: main modifications and additional modifications

 

A legacy plan is examined as submitted. If the Inspector concludes that changes are needed to make it sound or legally compliant, the statutory route is through main modifications.

Under section 20 of the 2004 Act, the Inspector can recommend main modifications where the local planning authority has formally asked the Inspector to do so. The recommendations must be modifications which the Inspector considers necessary to make the plan sound or legally compliant.

Main modifications are normally published for consultation before the examination is concluded. Where necessary, the authority must also consider the sustainability appraisal, Strategic Environmental Assessment and Habitats Regulations implications of the proposed changes.

The council can also make additional modifications on adoption where those changes do not materially affect the policies in the plan. These are not a route for the council to rewrite a central policy after examination while avoiding the main-modification process.

It is therefore useful to ask why a change is being proposed. If the change is necessary to cure a soundness or legal defect, it belongs in the formal main-modification process.

 

New 2026 plans: main modifications and further modifications

 

The new system keeps the concept of a main modification but changes the statutory machinery.

Under the amended 2004 Act, if the Inspector considers that a main modification would make it reasonable to conclude that the plan is sound, the Inspector must recommend that modification. There is no equivalent need for the council to make the old section 20(7C) request before the Inspector can recommend it.

Current Planning Inspectorate procedure says proposed main modifications are consulted on before the report is finalised. The new system normally provides a consultation period of up to four weeks, unless exceptional circumstances justify a longer period. Environmental assessment or Habitats Regulations work must accompany the changes where legally required.

The new Act also allows the authority to make further modifications which do not materially affect the plan overall. Those are the authority’s responsibility rather than a way for the Inspector to make a material policy change outside the main-modification process.

The terminology sounds similar to the legacy system, but the legal route is not identical.

 

Can an examination be paused for more work?

 

Yes, but a pause should not be treated as an unlimited second plan-making exercise.

In the legacy system, Inspectors have sometimes paused examinations pragmatically to allow focused additional work or consultation where a realistic route forward exists. Whether that is appropriate depends on the scale of the problem and fairness to participants.

The new system contains an express statutory pause mechanism. Regulation 36 provides for further work during examination within the statutory framework, with the pause limited to a maximum of six months.

A pause therefore means “there may be a fixable issue”, not “the Plan has passed”. Equally, it is not necessarily a sign that the Plan is doomed.

 

What are the possible examination outcomes?

 

The formal report is the key end point, but several practical routes can occur before it is reached.

For a legacy plan:

• the Inspector may conclude that the plan is sound and legally compliant as submitted and recommend adoption
• the Inspector may conclude that it can be made sound or legally compliant through necessary main modifications and recommend those modifications where the statutory request has been made
• the examination may pause for focused further work where a realistic route forward exists
• if the plan cannot be made sound or legally compliant, the Inspector can recommend non-adoption and the authority may be asked to consider withdrawal

For a new 2026-system plan:

• the Inspector may conclude that the submitted plan is sound
• the Inspector may recommend main modifications which would make it sound
• the statutory pause route may be used for further work within the permitted period
• where the plan cannot be made sound, the statutory framework provides for a recommendation that it be withdrawn

After a successful examination, the authority decides whether to adopt the plan in accordance with the relevant statutory framework and the Inspector’s recommendations. Once adopted, the Local Plan becomes part of the development plan.

 

Housing need is not the same as the housing requirement

 

Castle Point also illustrates a common source of confusion. A calculated housing need figure is not automatically the same thing as the final housing requirement in an adopted plan.

The starting housing need is calculated through the applicable national method. The plan-making authority then has to develop a strategy which responds to that need in accordance with the national policy applying to the plan, while dealing with constraints, reasonable alternatives, infrastructure, site availability and cross-boundary issues.

Planning for fewer homes than the assessed need is therefore not automatically fatal. But the greater the gap, the more important it becomes for the authority to provide robust evidence explaining why the strategy is appropriate and how the applicable soundness tests are satisfied.

That is different from the Housing Delivery Test, which measures recent housing delivery, and from the separate question of a five-year housing land supply for decision-making. Neither figure should be substituted mechanically for the examination’s soundness exercise.

Our guide to local housing need and the standard method explains the calculation side in more detail.

 

A Local Plan examination is not a referendum

 

Large numbers of objections matter politically and can identify important planning issues, but an Inspector does not decide soundness by counting signatures or choosing the side with the most representations.

The examination asks whether the evidence, strategy and policies meet the applicable statutory and national-policy tests. One well-evidenced representation can expose a serious soundness problem. Equally, thousands of objections do not automatically make a policy unsound if the policy is otherwise properly evidenced and satisfies the tests.

The Inspector can challenge the council, developers, landowners, residents and public bodies alike. Participation is valuable when it helps the Inspector answer the examination questions rather than simply repeating that a person supports or opposes the plan.

 

How can I follow a Local Plan examination?

 

Start with the council’s Local Plan examination page and find the examination library. Then look for the Programme Officer’s contact details and the Inspector’s opening correspondence.

A practical order is:

• confirm whether the plan is legacy/transitional or new 2026 system
• read the submitted plan and the consultation representation you made
• read the Inspector’s initial letter or note
• check the MIQs to see which issues the Inspector will examine
• check the hearing programme and participant list
• read the council’s statement and the key representor statements on your Matter
• follow any action notes and post-hearing correspondence
• watch for proposed main modifications and the consultation period
• read the Inspector’s final report before relying on any claimed outcome

If you made a representation, do not assume that the consultation email you sent is enough to secure a hearing place. Check the applicable participation rules and the Programme Officer’s instructions.

 

What happens after the Inspector’s report?

 

The report is not itself the council’s adoption resolution. If the examination has produced a plan which can lawfully proceed, the authority must then follow the relevant adoption provisions.

For applications and appeals in the meantime, an emerging plan can still be a material consideration. The weight given to it depends on the applicable national policy, its stage, unresolved objections and the particular policy in issue. Our Local Plans guide explains that separate decision-making question.

A legal challenge to an adopted Local Plan is not made by a normal planning appeal. The statutory challenge route under the Planning and Compulsory Purchase Act 2004 has its own strict grounds and time limit. Our guide to judicial review and statutory planning challenges explains the distinction.

 

Relevant legislation and guidance

 

• Planning and Compulsory Purchase Act 2004, section 20 – legacy examination provisions
• Town and Country Planning (Local Planning) (England) Regulations 2012 – revoked but saved for qualifying legacy plans
• Levelling-up and Regeneration Act 2023 (Commencement No. 11 and Saving and Transitional Provisions) Regulations 2026 – transition and savings
• Town and Country Planning (Local Planning) (England) Regulations 2026 – Planning Geek local copy
• National Planning Policy Framework, August 2026 – Planning Geek local copy, including PM15
• Planning Inspectorate: examining Local Plans under the legacy system
• Planning Inspectorate: examining Local Plans under the new plan-making system

 

Other Planning Policy Sections

 

Local Plan Examination Page Created: 9th September 2026

 

Local Plan Examination Page Updated: 16th September 2026