Planning Inspectorate Newsletter - Issue 2
Local Development Plans in Wales
The Planning and Compulsory Purchase Act 2004 created a new system of Local Development Plans (LDPs) in Wales to replace the current Unitary Development Plans (UDPs). Unlike England, the system in Wales continues to be based on a single land use development plan. But the new LDP system is nonetheless different from the existing UDPs in many significant respects, as explained in this article.
LDPs are meant to be concise, strategic, focussed, and quicker to prepare, taking 4 years overall with 12 months from submission to delivery of the Inspector’s report. The Plan will need to be based on robust evidence, including assessment of options through the processes of Sustainability Appraisal and Strategic Environmental Assessment, thus ensuring the Plan delivers sustainable development. In addition following the decision of the European Court of Justice on 20 October 2005, if a local planning authority considers its LDP would be likely to have a significant effect on a European protected site the authority must carry out an Appropriate Assessment under Article 6 of the Habitats Directive. This would assess the impacts of the LDP against the conservation objectives of the European site and, where significant negative effects were identified, examine alternatives to avoid any potential damaging effects.
Local Planning Authorities (LPAs) will need to build greater consensus over the content of their Plans through early and continuous community and stakeholder involvement in the Plan making process. They will be required to produce a Community Involvement Scheme (CIS) that sets out community and stakeholder input throughout the process. The CIS has to be approved by the Welsh Assembly Government as part of the Delivery Agreement, which also contains a timetable for the delivery of the LDP.
The Act requires that an LDP be subject to an independent examination of its ‘soundness’. It will be the Inspector’s job to carry out this examination. The Inspector will assess the representations and the evidence presented at examination, and will base any changes to the Plan on that information. Webster’s Dictionary defines ‘sound’ as ‘showing good judgment or sense’. The Planning Inspectorate Wales is currently working on a document that will outline what ‘soundness’ actually means with regard to LDPs, and how it will be assessed. The assessment will be carried out using ten tests that will look at procedural aspects, consistency, and the Plan’s coherence and effectiveness.
People who make representations will be encouraged to focus their comments on the tests of soundness. Most will be dealt with by an exchange of written comments as at present. The examination will be held predominantly using informal procedures such as round table sessions and hearings, as opposed to a formal inquiry procedure, to fit in with the overall push towards speeding up the process and in line with the consensus building approach.
One of the biggest differences between the UDP and LDP systems is the fact that Inspectors’ reports will be binding. Until now, Inspectors have made recommendations that LPAs were not obligated to follow. For LDP reports, the Council will be tied to the Inspector’s conclusions. This places an onerous burden on Inspectors, who will require robust evidence on which to base their conclusions, particularly in relation to the sustainability of alternative proposals.
Authorities are required to submit an Annual Monitoring Report (AMR) on their LDP to the Assembly Government. The AMR should identify changes needed to deliver the Plan's policies. This will allow the Plan to be kept sound and functional in the long term. One of the tests of whether a Plan is sound is having proper mechanisms for the implementation of a monitoring system.
Overall the LDP system is about creating sound, practical plans that deliver sustainable development in Wales, producing better quality outcomes through community involvement while continuing to guide development.
Development Plan Team, the Planning Inspectorate Wales
