Planning law and policy states that the development plan is at the heart of the planning system, setting out a vision and framework for the future development in an area, addressing needs and opportunities. Development plans may be made up of a series of development plan documents (DPDs), or may be a single comprehensive Local Plan document.
In England, strategic policies, which set out an overall strategy for the pattern, scale and design quality of places, should look ahead over a minimum 15- year period from adoption. Policies should then be reviewed every five years to assess whether they require updating, taking into account changing circumstances affecting the area or any relevant changes to national policy.
How are Local Plans produced?
Local authorities should assess future needs and opportunities in their area through the process of gathering evidence, undertaking a Sustainability Appraisal, and public consultation.
Regulation 18 Consultation
Regulation 18 of the Town and Country Planning (Local Plan) (England) Regulations 2012 sets out the first stage in the consultation process. Usually called Issues and Options, these consultations ask for initial views on key topics or themes, over a minimum six-week period, inviting interested parties and statutory consultees to make representations. Some authorities undertake multiple Regulation 18 consultations before moving to the next steps.
Regulation 19 Consultation
Regulation 19 consultations involve the publication of a Proposed Submission Draft Plan. This should include the full set of documents intended for submission to the Secretary of State, such as the Evidence Base, Habitats Regulation Assessment and Sustainability Appraisal, as well as the proposed wording and supporting text for the emerging policies.
Examination
Once complete the authority may submit the Draft Plan, any proposed changes following the Regulation 19 stage, and associated documents to the Secretary of State for an Examination in Public, administered by the Planning Inspectorate. Hearing sessions are arranged by the appointed Inspector(s) to allow for discussion on relevant topics, and those who have made representations at the Regulation 19 stage are invited to make further representations now, either through a written statement or through oral participation at a hearing.
Inspectors are required to work with the authority to identify fundamental concerns as early as possible, looking to resolve issues within the examination timetable, or if necessary pausing the examination to allow for an authority to undertake additional evidence gathering.
Local Plans are found sound where they are:
a. Positively prepared
b. Justified
c. Effective
d. Consistent with national policy.
If necessary the Inspector may request modifications to the plan to ensure soundness. Additional stages of public consultation are required for major modifications. The Inspector may also seek to include triggers for an early review period.
The examination is concluded when the Inspector provides a final report to the authority, either finding the plan sound and recommending it for adoption, or recommending it be withdrawn and a new plan prepared.
Throughout the process members of the public and other interested parties should be kept informed of the authority’s intentions and timescales through the publication of a Statement of Community Involvement and a Local Development Scheme.
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