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THE END GAME
Once
the Inquiry is completed and all the site visits have been undertaken, the
Inspector will consider all the issues raised and write his report to the
Council. This can take some time and although every effort is made to speed up
the process, a timescale of 12 months is not uncommon where there have been
many objections.
Once
the Council receives the INSPECTORS REPORT they will consider his
findings and recommendations and report to their planning committee. The Report
will be published for public inspection and this will be your chance to read
what the Inspector has recommended in your case.
The
Report may be produced in a variety of formats, but generally it is arranged in
the order of the Plan policies, or follows the order of the Inquiry timetable.
Each objection will be briefly summarised, highlighting the key points from
both sides of the argument. The Inspector will then make his recommendation.
This
may be that there should be no change to the Plan; ie that he is content with
the wording and intentions of the Council policy.
Alternatively
he may suggest changes or complete alteration to the policy. In some cases the
policy could be dropped from the Plan entirely.
Modifications
The
Council will now consider the Inspectors recommendations and prepare a
Modifications Document for committee approval, which details the changes that
they are prepared to accept.
There
is no obligation on the Council to agree with anything the Inspector has
recommended. However, the Council will usually agree to amend the Plan in
accordance with the Inspectors comments. The Inspectors views could be taken
into account in any subsequent planning inquiry into a planning refusal and the
Council would have to defend their decision accordingly.
The
public will be given a chance to raise any further objections to the Proposed Modifications.
There is just a chance that a further Inquiry could be held into those
objections: if circumstances have perhaps changed in the time it has taken to
reach this stage or the Government has issued a change in policy.
Adoption
Once
finalised the Council will issue a Notice of Intention to Adopt the Plan.
There
remains a further opportunity for a final challenge to the Plan, on a point of
law, which must be made within six weeks of the date of notice of adoption.
Direction
Prior
to adoption the Secretary of State may direct the Council to amend or modify
the Plan having regard to national, Regional or Structure Plan guidance. As a
final measure the Secretary of State could Call-In the Plan.
Call
In
At
any time during the Plan making process, before the Plan is adopted, the
Secretary of State may CALL-IN the Plan for his consideration and handling if
necessary. This may arise in a limited number of circumstances, but
is not common. The usual reasons for a call-in are that the Plan raises issues
of national or regional importance or that issues in the Plan may give rise to
significant controversy, or affect areas beyond the particular Plan area.
Well
done for reaching the end of this rather tortuous, but very important element of
the planning system. For all its faults it is perhaps one of the few ways that
you, the individual, can really take a proactive part in planning your area for
the future.