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Modified: 05-Dec-2007

Development Plan Document Examinations - Programme Officer Guidance Notes

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ANNEX 3

NOTIFICATION OF PEM AND GUIDANCE NOTES FOR REPRESENTORS

Dear

NOTICE OF THE PRE-EXAMINATION MEETING (PEM)

  1. I refer to your representations on the above DPD, and wish to invite you to attend the PEM that will be held at 1000hrs on Tuesday xxx July 2006.  A map is enclosed showing the location of the venue and indicating public transport services to the venue.
  2. The purpose of the PEM is to allow the Inspector to explain procedural matters before and during the Examination.  Please note that the merits of your representation will not be considered at this meeting.  I enclose a copy of  The planning Inspectorate’s brief guide to examining DPDs and of Development Plans Examination – A Guide to the Process of Assessing the Soundness of the Develpkent Plan Documents.  These will answer many of the routine questions you might have, and will enable the Inspector to concentrate on any other issues that are raised.
  3. The agenda for the meeting will be:

    • Introductions and welcome
    • Reference to the Guidance Notes for Representors
    • Examination Programme
    • Matters raised by the Council
    • Matters raised by Representors and Supporters
    • AOB
  4. If you have any queries on the scope of the PEM, please contact me.  Also, please ensure that the questionnaire I sent you on xx is returned by xxx.

 

Yours sincerely

 

PRE-EXAMINATION MEETING – GUIDANCE NOTES FOR REPRESENTORS

These Guidance Notes provide information and help to all representors, whether they intend to appear at the Examination or rely upon written representations.  By providing the information below at this stage, it is expected that the Pre-Examination Meeting (PEM) will be able to concentrate on any queries or problems representors may wish to raise which are not answered by the Guidance Notes.  Please note that the Meeting will not be an opportunity to discuss the merits of any representations.

The Examination to consider the soundness of the DPD will open on 24 April 2007 at 1000 hrs at The Guildhall, 71 Basinghall Street.  The Inspector appointed to consider the soundness of the DPD is xxx. Following the close of the Examination the Inspector will prepare a report to the Council with binding recommendations. 

The Programme Officer for the Examination is xx.  He/she is not a Council officer but works under the direction of the Inspector.  His/her phone number is xxx, the fax number is xxx, and the e-mail address is xxx.  Mr/Ms xx main duties are to organise the Examination programme, to ensure that all documents received both before and during the Examination are recorded and distributed, and to maintain the Examination library.  All documents submitted to the Examination should be forwarded to him/her.  Any procedural questions, suggestions or difficulties should be raised with Mr/Ms Xx, and if necessary he/she will take them up with the Inspector.

Mr/Ms Xx will be the Advocate for the Council.  The following Council officers may be called:

City Planning Officer
Assistant Planning Director (Policy)
Highways and Transportation Director

Number of Representations

The Council will confirm the number of representations to be considered at the Examination.

Programme

The Examination Programme will be sent to all representors following the Pre-Examination Meeting.  The Programme will change as the Examination progresses and it is the representor’s responsibility to keep in touch with the Programme Officer to ensure that they are aware of any changes.  The Programme Officer will endeavour to programme and accommodate specific requests for Examination time, but representors should not expect to be allocated a particular date and time purely on the basis of their preferred availability. It will be the representor’s responsibility to ensure that they are available to present their case when called.

The Examination will usually sit between 09.30 am and 5.00 pm Tuesdays to Thursdays, and 09.30 am to 1.00pm on Fridays (to be agreed – if earlier than the normal closing time it would usually be compensated for by longer hours on some of the other days). Mondays will be reserved for travelling, sites visits and administration. 

Precise details of sitting times and dates may change as the Examination progresses.

Examination Procedure

Representors should read the Planning Inspectorate’s booklet  “Development Plans Examination – A Guide to the Process of Assessing the Soundness of Development Plan Documents.” Copies have been sent to all Representors. 

Representors need to decide whether they wish to have their representation heard at the Examination or dealt with by means of a written representation. Both methods of representation carry the same weight.  Attendance at the Examination will only be usually helpful to the Inspector if a representor wishes to question the Council’s representatives but otherwise written representations will be just as fully considered by the Inspector.  The programme for the Examination will be based on the information provided by representors in response to the questionnaire sent to them on xx 2006.  Written details of those representors intending to appear at the examination, should be submitted to the Programme Officer.

Supporters of the Council's case, i.e. those who either support the policies and proposals in the draft DPD or who have made representations to sites put forward by other representors, are not normally heard at the Examination except where called as witnesses by the Council. Anyone wishing to elaborate upon a supporting representation should do so in writing.

The Inspector will ensure that every representor appearing at the Examination has the opportunity to make their case fairly and comprehensively but in order to consider representations expeditiously, the procedure for hearing representations will vary according to the circumstances.  Representors should inform the Programme Officer as soon as possible if they intend to have legal and other representation.

OPTION 1 – FORMAL EXAMINATION SESSION

It is expected that this procedure will be very rare.

OPTION 2 – INFORMAL HEARING

The procedure will be as follows:

Proofs of evidence

Failure to comply with the timetable for the submission of material will place the Examination programme at risk. To minimise disruption and inconvenience to other participants, those who fail to comply might be re-programmed to appear at a later time convenient to the Examination or requested to proceed by way of written representations.

At the Examination all proofs will be taken as read, and only summaries of cases may be read out.  If there are similar representations on the same topic, representors might wish to present a joint case.  Anyone wishing to discuss this possibility should contact the Programme Officer.  Alternatively, a second representor might simply agree with what has been said by the first representation and only present additional points. This would not weaken the force of a representation.  In some cases the Inspector might hear representors with similar points to make in succession, and then hear the Council's reply, rather than ask the Council to respond to each representor in turn.

Written Objections

The programme for the submission of any additional written representations and the availability of the Council's responses will also be sent out by the Programme Officer.   The Council’s response to written representations will normally be included in its proofs of evidence to the Examination on relevant Policies and proposals.  Even where separate responses to written representations are required, they must all be submitted to the Inspector before the Examination is closed, and preferably still in accordance with the timescale for Examination evidence on the relevant part of the DPD.  Should a written representation or response be unclear, the Inspector will ask the PO to write to the representor or the Council seeking clarification where necessary. A copy of any letter of this type, together with the relevant response, will be copied to the other party.

Site Visits

The Inspector will make a series of unaccompanied site inspections before, during and after the Examination.  Requests for accompanied site inspections should be submitted to the Programme Officer who would prepare a programme of visits that would be displayed on the Examination notice board.  A Council representative will be present on all accompanied visits. No evidence will be heard on site visits.

Miscellaneous matters

A note of the names of all participants at the Examination will be taken when they present their case.  An attendance list will be maintained on a daily basis.  The Media should always advise the Programme Officer of their presence.

An Examination notices board would be located outside the Programme Officer's room, and will display an up to date copy of the programme and other notices.

Any participant suffering from any form of disability, for example hearing difficulties, poor eyesight, or other physical disability should contact the Programme Officer for assistance.