LOCAL DEVELOPMENT FRAMEWORKS: ASSESSING THE SOUNDNESS OF DEVELOPMENT PLAN DOCUMENTS AND STATEMENTS OF COMMUNITY INVOLVEMENT
The process of the independent scrutiny of the soundness of Development Plan Documents (DPDs) and Statements of Community Involvement (SCIs) will be by an ‘examination’ conducted by an appointed Planning Inspector.
The examination is required regardless of whether any representations are received to a DPD or SCI and the Inspector’s report will be binding on the Local Planning Authority. This means that the Inspector’s responsibility in relation to development plans has fundamentally shifted from one of effectively providing a dispute resolution role (i.e. considering objections to the plan) to considering the merits of the development plan document as a whole. In this role he/she will be subject to the duty to contribute to the achievement of sustainable development under section 39 of the Planning and Compulsory Purchase Act 2004.
Key elements of the examination are:
- The examination process, from submission to the Planning Inspectorate to issue of binding report, should take no more than 12 months;
- To achieve this, all who make representations seeking a change to a DPD or SCI who seek to exercise their right to be heard and appear at the examination will be programmed and timetabled to ensure the examination is both thorough and efficient and participants will be expected to observe the timetable; and
- The examination will be inquisitorial as opposed to adversarial - the method of examination will focus on written representations or oral hearings (as opposed to the traditional Public Inquiry process).
Guidance on the Framework for Assessing Soundness
General Guidance is provided in the Planning Inspectorate's Plain English leaflets on the examination process, published in July 2006:
Plain English guide on the examination of Development Plan Documents
604kb
Plain English guide on the examination of Development Plan Documents
78 kb
Plain English guide on the examination of Statements of Community Involvement
592kb
Plain English guide on the examination of Statements of Community Involvement
79kb
In December 2005, the Planning Inspectorate published comprehensive guidance on the new examination process:
Development Plans Examination – A Guide to the Process of Assessing the Soundness of Statements of Community Involvement
141kb
Development Plans Examination – A Guide to the Process of Assessing the Soundness of Development Plan Documents
224kb Updated 05 Jan 06
Procedure Guidance for Local Planning Authorities who are due to Submit Development Plan Documents
Development Plan Documents Advisory Pack Notes
86kb
Development Plan Documents Advisory Pack Letter
43kb
Development Plan Documents Advisory Pack Letter
417kb
Letter to LPAs June 06 update of Model Forms and Notes in word
420kb
Letter to LPAs June 06 update of Model Forms and Notes in PDF
420kb
Model Forms
Model Representation Form and Notes for Development Plan Documents
265kb Updated June 06
Model Representation Form and Notes for Development Plan Documents
170kb Updated June 06
Model Representation Form and Notes for Statements of Community Involvement
202kb Updated June 06
Model Represebtation Form and Notes for Statements of Communuity Involvement
120kb Updated June 06
Note: If you wish to make PDF versions of the Model forms you will need to create them from the WORD versions above. It is not possible to add images to PDF documents so you should add your council logo before creating the PDF file. If you have any queries on this please contact the web team.
The guides build upon the tests of soundness which are set out in in Planning Policy Statement 12: Local Development Frameworks by setting out key questions which will need to be addressed in the examination of DPDs and SCIs. They clarify the role of Inspectors, Local Planning Authorities, Government Offices, Regional Planning Bodies and the wider community. They set out the evidence requirements of the examination process, and provide model representation forms and guidance notes for local authorities to provide to anyone who wishes to make representations for the consideration of the Inspector.
Frequently Asked Questions on the examination process
146kb
The Planning Inspectorate has previously published several earlier editions of its guidance manual `Development Plans – A Guide’ giving advice to local authorities and others on the Inquiry process for old-style development plans. The new guidance is in the form of two new replacement guides, dealing with the examination of DPDs and SCIs separately.
Further copies of the guides are available from Christopher Snarr, christopher.snarr@pins.gsi.gov.uk, 0117 372 6372, or write to The Planning Inspectorate, Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN.
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