Crown Copyright 1999
(L24) Local plans and unitary development plans: a guide to procedures
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Crown Copyright 1999 |
Foreword
Objections
not resolved through discussion
Need
for the Public Local Inquiry
Purpose of
Inquiry
Role of the
Inspector
Hearing
objections
THE INSPECTOR'S REPORT
Submission of
the report
Availability
of the report
Consideration
of the report by the authority
MODIFICATION PROCEDURE
Proposed
modifications to the plan
Objections
Consideration
of objections
ADOPTION
AVAILABILITY OF DOCUMENTS
The Department of the Environment, Transport and the Regions has prepared this booklet to help people understand the procedures which are followed in the preparation of local plans (including minerals local plans and waste local plans) and unitary development plans (UDPs). This guide is particularly designed to assist people who are to take part in a public local inquiry into a plan.
Objections not resolved through discussion
23: Objections which remain unresolved (either because the authority do not feel able to make changes to the plan, or because the changes the authority propose do not satisfy the objector) will automatically be considered by the Inspector at the inquiry stage.....
Need for the Public Local Inquiry
37: The authority must hold an inquiry unless none of the objectors wants to take part, and each informs the authority of this in writing.
38: The inquiry will be held to enable the authority to have objections to the plan examined by an Inspector appointed by the Secretary of State.
60: It is for the Inspector to decide how to conduct the proceedings and to ensure that the inquiry is conducted in accordance with well-established principles of impartiality, openness and fairness. Although the Inspector keeps the proceedings as informal as possible, and participants may put their case in their own way, he or she will maintain the customary standards of order and discourage repetition. The Inspector can serve a witness summons on any person requiring them to attend the inquiry to give specific evidence, but the use of this power is not normally necessary.
68: Objections are normally heard in three stages:
the objector's submission, identifying the matter objected to, the nature of the objection and the change sought. Supporting witnesses may be called by the objector, in which case they may be questioned by the authority and the Inspector;
the authority's response, also with supporting evidence and questioning of witnesses; and,
the objector's final right of reply.
75: After the inquiry, the Inspector prepares a report in which conclusions are reached and recommendations made, with reasons for each recommendation.
76: The authority must make the Inspector's report and recommendations available for inspection within eight weeks of its receipt. Copies of the report will be made available for inspection at the locations where the plan was deposited. The report should also be available for purchase at a reasonable charge as soon as practicable.
Consideration of the report by the authority
77: The authority are required to consider the report and to decide what action to take on each of their recommendations. Although authorities will wish to accept the Inspector's recommendations in most cases, they are not obliged to do so. However, they are required to prepare a statement of their decision on each recommendation and to give their full reasons for not accepting any recommendation made by the Inspector. The authority's statement of reasons is made available for inspection at the same time as any modifications they propose. It is important that the statement of decisions and proposed modifications should be produced speedily in order not to delay the progress of the plan.
78: If the report recommends no modifications which materially affect the content of the plan as considered at the inquiry, the authority agrees with that recommendation and does not propose any further changes to the plan, they can give notice of their intention to adopt the plan and may then adopt it after 28 days.
79: If the report recommends material modifications, but the authority does not propose to accept those recommendations, anyone may object to the decision by the authority not to accept one or more of those recommendations during a period of six weeks from the notice of intention to adopt.
80: If the authority propose modifications which materially affect the content of the plan as considered at the inquiry, they will follow the modification procedure set out below.
Proposed modifications to the plan
81: Modifications to the plan after the public inquiry may be required if the authority accepts one or more recommendations of an Inspector .....
82: Where the authority propose modifications to the plan they must:
83 Any person or organisation may object to a proposed modification, or to the fact that the authority have not accepted a recommendation for modification made by the Inspector.
85: When the six-week period for objections to modifications or to a decision not to accept an Inspector's recommendation has expired, the authority must consider all the objections made and decide whether it is necessary to hold a further inquiry into any of those objections.
95: When the plan has been adopted, the authority must:
96: Copies of the plan and other documents which have been made available for public inspection during the procedures leading to adoption must remain available for inspection for six weeks after the date on which the notice of adoption is published. They should also be available for purchase at a reasonable charge. Once the plan is adopted, printed copies should be made available as soon as practicable for inspection and for purchase at a reasonable charge.
97: So that everyone has a clear and up-to-date picture of what constitutes the "development plan" in their area, authorities must make available for inspection by the public an index giving details of the relevant plans and a map showing the plan boundaries.
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12/1/04Last updated 12/1/04