Planning Inspectorate
Introduction
Local plans are prepared by the Local Planning Authority (LPA), usually the Council or the national park authority for the area.
TheNational Planning Policy Framework (NPPF)states that the planning system should be genuinely plan-led. Succinct and up-to-date plans should provide a positive vision for the future of each area and a framework for addressing housing needs and other economic, social and environmental priorities.
Examining local plans
Once the LPA has finished preparing and consulting on a local plan it must be submitted to the Secretary of State who will appoint an Inspector or Inspectors to carry out an independent examination. This process is dealt with by the Planning Inspectorate.
The examination will assess whether the plan has been prepared in accordance with legal and procedural requirements and if it is sound. The four tests of soundness are set out in theNational Planning Policy Framework (NPPF).
The Minister of State wrote to the Planning Inspectorate on 30 July 2024. This letter sets out the governments expectations as to how plan examinations should be conducted, and how pragmatism should be applied to this process by examining Inspectors.
The Letter re-iterates that LPAs must not submit local plans unless they think they are ready for independent examination. It indicates that LPAs should not therefore submit deficient plans believing that Inspectors will use significant time and resource during examinations to fix them.
The letter emphasises that pragmatism should only be used in examinations where it is likely that a plan is capable of being found sound with limited additional work to address soundness issues. It sets out that pragmatism should not be used to address fundamental issues, which would be likely to require pausing or delaying the examination process for over six months overall. Any extensions to a six-month pause should only be allowed at Inspectors discretion, where they are confident that LPAs can complete work in an agreed timeline.
The Inspector will consider the evidence provided by the LPA to support the plan and any representations which have been put forward by local people and other interested parties. In most cases the examination will include hearing sessions which are held in public. The Inspector will work with the LPA to determine the appropriate format for those sessions, which could be in-person/physical (real), virtual video or telephone conference, or a blended mix of formats (i.e. a mix of in-person and virtual).
At the end of the examination the Inspector will send a report to the LPA recommending whether or not they can adopt the plan. In most cases the report will recommend some changes that are necessary to allow the plan to be adopted. These are known as main modifications.
In carrying out the examination, the Inspector will be conscious of the benefits of having a robust and up to date plan adopted as quickly as possible and will apply the principles of openness, fairness and impartiality.
The LPA is responsible for paying for the cost of the examining Inspector. The fees are set out in theTown and Country Planning (Costs of Independent Examinations) (Standard Daily Amount) (England) Regulations 2006.
Advice about local plan examinations
Detailed practical guidance on the procedural aspects of local plan examinations can be found in theProcedure Guide for Local Plan Examinations. The Guide includes links to the relevant legislation and applies to local plan examinations, including joint local plans prepared by more than one local planning authority. The appointed Inspector will work with the LPA to determine the format for the hearing sessions and guidance will be provided for all participants. Local authorities wanting more information about how the hearing stages will take place should contact the local plans team atplans.admin@planninginspectorate.gov.uk. Different procedures apply for the examination of Spatial Development Strategies.
There is also a short guide aimed particularly at thosetaking part in an examination for the first time.
The Governments planning policies relating to local plans can be found in theNational Planning Policy Framework (NPPF)and further information is provided inPlanning Practice Guidance.
The Planning Inspectorate also produces amodel representation form for local planswhich is available for use by LPAs at the publication (Regulation 19) stage of consultation. The Planning Inspectorate takes its data protection responsibilities for the information you provide us with very seriously. To find out more about how we use and manage your personal data, please go to ourprivacy notice. We have also producedadvice for LPAs about designing the local plan examination webpage.
A copy of the standard Service Level Agreement for the examination is available on request by contactingplans.admin@planninginspectorate.gov.uk. This includes a data sharing agreement.
The Planning Inspectorate provides advisory visits which LPAs are encouraged to request during plan preparation. These are informal discussions chaired by an experienced Inspector on a without prejudice basis. Their aim is to assist LPAs to prepare effectively for the examination process. In the interests of impartiality, Inspectors who conduct advisory visits on a plan would not be subsequently appointed to examine it. LPAs who wish to request an advisory visit can do so by contacting the local plans team at plans.admin@planninginspectorate.gov.uk
The role of the Secretary of State in local plans
The Secretary of State has a number of legal powers relating to plan making and the examination. TheSecretary of State wrote to the Chief Executive of the Planning Inspectoratein connection with these powers on 18 June 2019. This letters expectations relating to pragmatism have been updated by the Minister of States Letter to the Planning Inspectorate of 30 July 2024.
In accordance with this letter the Planning Inspectorate will share all post-hearing advice letters, letters containing interim findings and any other letters and any letters which raise soundness or significant legal compliance issues, as well as fact-check reports, with the Ministry of Housing, Communities and Local Government on a for-information basis, at least 48 hours before they are sent to the LPA.
The fact check report is the version of the Inspectors final report which is sent to the LPA to check for factual errors or inconsistencies. The final report is issued after the fact-check process has been completed.
Programme Officers
When a plan is submitted the LPA is responsible for appointing the Programme Officer and for the processing of any personal data during the examination. The role of the Programme Officer is to provide administrative support to the examination. The Programme Officer provides a channel for all communications between the Inspector and the LPA and other participants.
The Planning Inspectorate providesProgramme Officer Training Notesand runs a training course for new and experienced Programme Officers from time to time depending on demand. The next Programme Officer training course is scheduled for Thursday 07 November. The venue for this event will be NCVO Conference Suite, Society Building, 8 All Saints Street, London, N1 9RL. Spaces on the course will be limited so please refer to this page for future updates. If you are interested in attending the course or you need further advice on how to find a Programme Officer please emailplans.admin@planninginspectorate.gov.uk.