Planning Inspectorate newsletter - Issue 1
The New Development Plan System in England – the role of the Planning Inspectorate
The Planning and Compulsory Purchase Act 2004 brought in a new development plan system for England . The aim is to deliver a “transparent, flexible, predictable, efficient and effective planning system that will produce the quality development needed to deliver sustainable development and secure sustainable communities” (paragraph 7 Planning Policy Statement 1 “Delivering Sustainable Development”).
Under the new system regional spatial strategies (RSS) and development plan documents (DPDs) (contained in a local authority’s local development framework) will form the framework for taking decisions on applications for planning permission. Both RSS and DPDs are subject to independent examination. In the case of DPDs the examinations will be carried out by Planning Inspectors whose role will be to determine whether the documents have been prepared in accordance with certain statutory requirements and “whether they are sound” (section 20(5) of the 2004 Act). The statutory requirements relate to community involvement, whereby plan-making authorities should involve their communities throughout the plan preparation process, and sustainability appraisal, in which the social, economic and environmental effects of strategies and policies are appraised from the outset of the preparation process.
The community involvement process will be governed by the authority’s Statement of Community Involvement which will set out the standards the authority will achieve in involving their community in the preparation of their plans and in deciding planning applications. The statement of community involvement is subject to independent examination under a similar process to development plan documents.
Planning Inspectors will have to determine whether a DPD is sound regardless of whether anyone wishes to see changes made to it. The assessment process will be governed by nine tests of soundness which are set out in Planning Policy Statement 12 “Local Development Frameworks” (PPS12). These are:
Procedural – meeting the statutory requirements referred to above.
Conformity - consistency with national policy; in general conformity with regional spatial strategy; has had regard to authority’s community strategy;
Coherence, consistency and effectiveness of the policies and proposals in the document; founded on robust and credible evidence; clear mechanisms for implementation and monitoring; the plan is reasonably flexible.
To ensure consistency in the approach to assessing the soundness of DPDs and assist those seeking to get involved in the examination process, the Planning Inspectorate published guidance on 20 December 2005 setting out:
- the examination processes;
- possible examination outcomes;
- key questions and the nature of evidence which Inspectors are likely to need to assess soundness;
- roles of principal bodies likely to be involved in the examination;
- model forms for making representations on documents submitted for examination to assist those making representations to focus their representations on the tests of soundness.
The examination process is intended to be quick and efficient. Inspectors will identify in advance issues to be discussed and invite those who wish to appear to attend the session which is relevant to representations they have made to change the DPD under examination. The DPD will be presumed to be sound unless shown to be otherwise by evidence considered at the examination (paragraph 4.24 PPS12). Thus, it is vital that those with an interest in a DPD get involved in its preparation so the local planning authority can consider all relevant options. If it is considered necessary to make representations seeking to change a DPD submitted for examination it is important to make very clear what change is required and why.
The Planning Inspectorate is meeting private and public sector groups regularly to discuss issues relating to its role in assessing the soundness of the new style development plans. It is hoped that this short article helps readers to understand the nature of the new system and the Planning Inspectorate’s role within it.
Leonora Rozee OBE BA(Hons) MRTPI
Director of Policy and Head of Profession
