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planning-applications.co.uk |
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THE LOCAL PLAN PROCEDURE
The
general procedure for Local Plans is broadly set out in the 10 stages below. The
procedure for Unitary Development Plans is largely the same.
For further details on the Development Plan process you can
obtain a copy of:-
"Development Plans - What You Need to Know" (DETR), which is free from you local
planning department.
"Planning Policy Guidance Note 12 - Development Plans
and Regional Planning Guidance" (HMSO) obtainable from HMSO
Bookshops.
Or call the e-service.
Although
in recent years changes in guidance have sought to speed up the process, the
adoption of a Local Plan can take several years from initial preparation to
final completion. In some cases work on the Plan Review has begun before the
current Plan is formally adopted.
Stage
1 The Local Plans (or
Forward Planning) department of the Councils' planning department undertake
research and preparation of a Draft Local Plan. They may publish an Issues
Paper or Topic Papers for public information and comment, the results of which
are taken into account in preparing the Draft Plan.
Stage
2 A draft is circulated to a wide range
of statutory consultees and other interested parties. These will include the
County Council, who will check to see that their Structure Plan policies are
being properly applied.
Until
recent times this Consultation Draft Plan was published for general public
comment. However increasingly, Councils are only making the full Plan public at
a later stage in proceedings. [Stage 4]
Stage
3 Once the consultees have responded the
Draft Plan is then reconsidered, any adjustments are made and the revised
version is debated and approved in committee prior to publication.
Stage
4 The Council then place the Plan ON
DEPOSIT for a minimum period of 6 weeks. This is the stage when you, the
public, may be able to view the entire Plan and have an opportunity to consider
its policies and other content.
The
Deposit Plan is the Councils stated planning policy position for your area and
is in a form that they would be content to formally adopt.
The
Planning Committee will usually adopt the emerging Deposit Plan for development
control purposes; ie the new policies will be taken into account when considering
planning applications, even though the Plan is not yet fully adopted.
Any
existing adopted Plan policies will take precedence, but their relevance may be
affected by changes emerging in the new Plan. Confusing isn't it!
The
Deposit Period is a critical stage and if you intend making any representations
these must be submitted before the end of the Deposit Period. You can object to
any part of the Plan and suggest amendment, deletion or brand new policies, or
outline any omissions within the plan.
Failure to
object properly within the timescale laid down for responses will almost
certainly mean that your objection will not be heard at any subsequent public
enquiry.
Stage
5 At the end of the Deposit Period the
Council will once again review all the responses and may consider further
adjustments to the Plan in the light of specific objections. However, at this
stage the Plan is already in a form which the Council have sanctioned for
adoption, so if they wish to make changes these must be put before an Inquiry Inspector
as formal Proposed Changes to the Plan.
A
REVISED DEPOSIT document listing all the unchanged and proposed changes may be
produced, and the public will have a further opportunity to raise objections:
however, this time they may only concern the proposed changes. There is no
further opportunity to raise issues of omission on other matters at this stage.
Stage
6 Assuming that the Council have received
formal objections to the Plan within the proper period, that are of sufficient
substance and relevance, a public LOCAL PLAN INQUIRY will be arranged.
The Inquiry is the forum within which objections are debated before an
Inspector, who will be appointed by the Secretary of State for the Department
of Transport, Local Government and the Regions (DTLR).
Stage
7 Objections to the Plan are considered
both in writing (written representations) and in person at the Inquiry. The
Council will present their counter arguments against these objections.
Alternatively they may agree to your proposals, or seek to make modifications
as a result of what you have said. These, together with their own
modifications, will be presented to the Inspector for his consideration. The
public Inquiry can run for some time.
The
appointed Inspector provides an impartial consideration of all the representations
and makes his own mind up on the acceptability of the Councils proposals.
Stage
8 After the Inquiry finishes the
Inspector(s) [where there are lots of objections more than one Inspector may be
involved] will prepare his Report. This will set out his views on all the
issues raised and his recommendations for the Council to consider in finalising
the Plan.
The
Council will publish this Report and, if they consider it necessary, may then
publish a Post Inquiry Modifications document that is, again, subject to
public comment and may even result in a further public inquiry into outstanding
objections, although this is not common.
Stage
9 The Council finalise the Plan and
publish a Notice of Intention to Adopt the Plan. This is an opportunity for
objections to be raised on procedural or legal grounds within a specified
period. I.e. that the proper procedures were not used or that there has been
some breach of natural justice.
Stage
10 Notice of Adoption is published. The
Plan is finally approved and replaces its predecessor as the planning guidance
document for the area.