Planning Inspectorate
What are local plans and who prepares them?
Local plans are prepared by the Local Planning Authority (LPA) for the area, which will usually be the council or the national park authority.
Local plans are used to decide how much land should be set aside to build new homes, offices, factories, warehouses, shops and other things, usually over the next 10 to 15 years. They also show areas where development should be limited for some reason. The plan includes a map showing these areas and it will include policies that say what types of development are acceptable and what development should be like. The local plan is then used to make decisions on planning applications for individual development proposals.
Local Plans 1: What is a local plan and how are they prepared?
Are local plans consulted on?
Yes. Each local plan must be subject to public consultation carried out by the LPA.
What is the local plan examination for and who does it?
Before a local plan can be formally adopted and brought into use, it must be subject to an independent examination by an inspector appointed by the Secretary of State. The LPA sends the plan to the Planning Inspectorate for examination, after consultation has taken place, and when they think it is ready for examination.
The purpose of the examination is to assess whether the plan is sound. This includes deciding whether it meets the four tests of soundness set out in national planning policy. In summary, these are that the plan is positively prepared, justified, effective and consistent with national policy. There are also some specific legal requirements which each plan must meet, for example in relation to consultation.
The inspectors who work on local plan examinations are invariably very experienced practitioners in the world of planning, with skills in handling large events and assessing complex and controversial issues. They are based all over the country.
Local Plans 2: The Local Plan Examination
What are the key stages of a local plan examination?
There are usually 6 key stages after the plan has been sent in for examination:
- initial assessment - the inspector will look at the plan, the LPAs evidence supporting it and the consultation responses to decide what they consider the main issues are
- written statements - the inspector may invite written statements from participants addressing specific questions
- hearings - the main issues will be discussed at public hearings led by the inspector. The inspector will determine the most appropriate format of the hearings which could be in-person/physical (real), virtual video or telephone conference, blended events or a blended mix of formats for each or different sessions (i.e. a mix of in-person and virtual)
- changes to the plan - the inspector will let the LPA know if any changes need to be made to the plan (known as main modifications) and these are then consulted on by the LPA
- final report - the inspector then considers everything before them (including comments on proposed changes) and writes a final report which is sent to the LPA and published on their website. That marks the end of the examination
- adoption - the LPA then has to decide if it wants to formally adopt the plan as its local planning policy. If they do, they can only adopt the plan with the changes recommended by the inspector
However, sometimes things can be a bit more complicated. For example, if the inspector identifies problems with the plan early in the examination, they may ask the LPA to do some additional work (for example to help justify what is in the plan). This might lead to the LPA suggesting changes to the plan which then need to be put out for public consultation before the hearings begin.
Which version of the plan will the inspector examine?
The inspector will examine the version of the plan which the LPA has sent in for examination. In doing so they will only consider the representations made on that version of the plan. This version of the plan is sometimes referred to as the Regulation 19 plan (after the relevant legal regulation for this stage of the process). The inspector will not consider any earlier draft versions of the plan which the LPA may have consulted on.
Can a local plan be changed as a result of the examination?
Yes, if the inspector decides a plan is not sound then they are usually required to recommend changes that would make it so. These changes are known as main modifications and they have to be subject to public consultation. The inspector will consider any consultation responses on these proposed changes before reaching their final conclusions.
Can I get involved in the examination?
You have a legal right to appear before and be heard by the inspector at a hearing if:
- you made a comment (a representation), on the final draft of the plan (the Regulation 19 plan) that the LPA submitted for examination, and
- your comment asked for a change to be made to the plan that is, it was an objection to the submitted plan
If you made a written objection and do not wish to say anything at a hearing, your comment on the final draft plan will still be considered by the inspector. The inspector will also consider all comments made in support of the plan. If you did not make comments on this version of the plan, you do not have a legal right to take part in the examination.
Local Plans 3 -How can I have my say during a local plan examination? Written Statements
What will the hearing be like?
Each hearing session will consider a specific issue raised by the inspector who will lead a discussion with those who are participating. The LPA will take part in all the sessions because it is their plan.
For an average local plan there might be about 10 to 15 days of hearing sessions. These will take place in a physical room in the LPAs area, virtually by video conference or a blended mix of formats for each or different sessions. There will usually be anything from 2 to around 30 participants in each session.
The inspector will use the hearings to help them assess whether the plan is sound, and if it is not, what needs to be done to make it so. The inspectors role is to hear what everyone has to say and to be impartial. They will make sure that people who are not familiar with this type of hearing are given a fair opportunity to contribute.
Local Plans 4: Hearing sessions
How can I best get ready for the hearing?
Hearings can feel daunting to those who are not used to them. However, you can make the most of them by:
- preparation - work out beforehand what you want to say to the inspector, so you can get your main points across. Consider having a check-list of your key points to cover on the day.
- be ready to explain your concerns, the reasons for them and what you would like changed - the inspector wont expect members of the public to be experts in town planning. They will just want to understand your views about why you want the plan to be changed.
- be succinct aim to express your points concisely in a way that gets directly to the heart of your concerns. If the inspector wants to find out more, they will ask questions.
Please do let the Programme Officer know as soon as possible if you have any specific needs or requirements to help you to attend or participate in the hearings.
Is there somewhere I can go to get help making my case?
It is the responsibility of everyone participating to make their own case. Sometimes this is straightforward and you may know exactly what you want to say. But if you may feel you would like advice from someone with more planning knowledge you could consider:
- asking the LPA and/or local councillors/politicians for help,
- paying someone with specialist planning expertise to provide advice or to represent you or
- seeking help from another source, such as Planning Aid England.
How will the inspector reach their conclusions?
The inspector will consider:
- all the evidence put together by the LPA to support the plan (including various technical reports)
- all the written comments made in response to the public consultation on the draft plan (both for and against)
- the discu