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Effective Planning Consultation Guidelines: Developer's Obligations and Best Practices

Learn statutory obligations and best practices for developer consultation in the planning process, including pre-application steps and demonstrating s49 compliance. Follow expert tips for a successful consultation process.

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Effective Planning Consultation Guidelines: Developer's Obligations and Best Practices

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  1. Planning Inspectorate Expectations:Demonstrating Consultation in practice • 17 February 2014

  2. The Planning Act 2008 As amended by Localism Act 2011 DEVELOPER PINS SofS Decision Pre-application Acceptance Examination Pre-examination Recommendation 1 Year plus Ca 1 Year 3 months

  3. Pre-application Consultation • Statutory obligation on developer to • consult statutory parties (s42) • consult local communities (s47) • Publicise the proposed scheme (s48) • Have regard to relevant responses (s49)

  4. Other organisations General public Developer Potential interested parties Land owners & neighbours Local authorities Statutory consultees Government Depts NI professional and administrative services Pre-application: The Developer in the Lead

  5. Consultation Report • List in strands consultation in blocks: • s42 – Prescribed Consultees • s42 – Local Authorities • s42 – Persons with an interest in the land • s47 – duty to consult local community • s48 – duty to publicise (if practicable) • Informal Consultation

  6. Backing up the Consultation Report • Provide proof of purported agreement (eg Habitats Regs) • Clear signposting to where evidence provided • Inclusion of public notices as they appear in print in annex

  7. Revised CLG Guidance • Pre-application Guidance • Examination Guidance • Associated Development Guidance • Application Form Guidance • Fees Guidance • Compulsory Acquisition Guidance

  8. Demonstrating s49 compliance • Take an ‘issues-based’ approach • Explain what changes made in response • Give reasons for dismissed suggestions • Ensure responses are fairly summarised/ represented

  9. What have we learnt so far? • Prepare application for examination as well as acceptance • Ensure consistent project in all application documents fully consulted on • Start preparing Statements of Common Ground as early as possible • Tailor to size & complexity of scheme

  10. Best Practice Tips • List all prescribed consultees by category • Consistency with Book of Reference and explain any differences • Clarity of Information

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