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Participating in LDP Hearings

Participating in LDP Hearings. September 2010 Alwyn Nixon The Planning Inspectorate. Hearings are not Inquiries!. Inquisitorial, not adversarial Led by Inspector Round-table discussion Focus on Plan soundness. Purpose of the Hearing. What’s the context?

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Participating in LDP Hearings

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  1. Participating in LDP Hearings September 2010 Alwyn Nixon The Planning Inspectorate

  2. Hearings are not Inquiries! • Inquisitorial, not adversarial • Led by Inspector • Round-table discussion • Focus on Plan soundness

  3. Purpose of the Hearing • What’s the context? • Part of soundness examination; procedural, consistency, coherence and effectiveness tests • Robustness of evidence Plan is based on • Opponents’ right to be heard • Council’s opportunity to explain

  4. Inspector’s Role • Soundness of whole LDP • Not just representations • Can make changes • but scope limited • Cannot re-write a basically unsound LDP

  5. Evidence – that the Plan is sound Growth strategy/Allocations/ Designations/Development Policies Amount, distribution, rate of development Methodology – how did you get there? Why? Realistic and deliverable? Should be in the evidence base – point to it What is the Inspector looking for?

  6. Deliverability • Realism • Viability • Infrastructure • Monitoring framework/ trigger points

  7. Hearings Programme/Timetable • PHM – early guidance • Hearings Programme • Inspector’s list of Issues and Matters • Participants and representations • Hearing statements – summary of position and evidence relied on

  8. What the Inspector wants….. • Thorough preparation essential • Know your evidence – be prepared to explain and justify • Anticipate responses required to representations • Robustly defend position where right to do so • Adopt a positive, proactive approach where appropriate

  9. Matters Arising • Note all matters agreed as requiring further attention during hearings • Produce “matters arising” list following each hearing session • Submit Council proposed changes as promptly as possible

  10. Some early lessons • Ensure Plan for Inspector’s consideration is in final form ready for adoption - remove “Deposit Plan” etc references • Engage with representors – explain Council’s approach and soundness basis of examination • Make representors aware of Council consideration of representations report • Check Plan thoroughly and submit list of minor editorial changes • Be prepared to propose constructive solutions to issues/matters raised

  11. Forms! • Have been a problem • Requirement for separate forms confusing • Designed new Forms with PAW • Brecon Beacons NPA trialling new Forms • PINS website

  12. Finally… • LDP is a critical document • PINS is committed to role ensuring all LPAs have sound LDPs in place • We are all learning how best to manage the process • Use others’ experience – LPA examination websites • PINS guidance/lessons learnt • http://www.planning-inspectorate.gov.uk/cymru/wal/appeals/local_development_plans_e.htm • http://www.planning-inspectorate.gov.uk/cymru/cym/appeals/local_dev_index_w.htm

  13. Hopefully, the outcome....

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