Following the submission of the Local Plan, together with the evidence base and documents required by legislation, including the Regulation 19 representations, the Planning Inspectorate aims to appoint an Inspector within a few weeks.
In the initial weeks after the inspector's appointment, they will make contact with the Programme Officer and start to undertake an initial assessment of the plan and the organisation of the hearing sessions. Once the Inspector confirms the start date for the hearing sessions, the councils must advertise the opening of a hearing at least six weeks in advance. The Programme Officer will publish the initial timetable for the hearing sessions, the matters and issues for discussion and the Inspector's Guidance Note. The Programme Officer will also clarify and confirm participants attendance at the hearings.
In preparation for the hearing sessions the Inspector will ensure that the programme for hearing sessions is updated as necessary and may prepare agendas for the sessions. The Programme Officer will publish any updates to the programme as well as any agendas for the sessions. The Inspector, councils and participants prepare for the hearing sessions, including reading any statements that have been submitted, two to three weeks is usually allowed for this.
For Local Plans like the CLLP which contain both strategic and non-strategic policies, the Inspector may split the hearings into two or more blocks; the first dealing with legal compliance and strategic policies, including strategic sites. The subsequent dealing with non-strategic policies, development management policies and other matters.
As part of the examination, the councils may ask the Inspector to recommend main modifications to the Local Plan, where necessary, to make the plan sound and legally compliant. Most plans are subject to this request. The wording of the proposed main modifications will be agreed between the Inspector and the councils.
Whilst the councils have proposed a schedule of draft minor modifications, which is published on the date of submission, this does not form part of the Submission Local Plan and is for consideration by the Inspector alongside any further modifications put forward for discussion at the hearing sessions.
Once the wording for any main modifications is agreed, the councils may be required to undertake further work on the Sustainability Appraisal and Habitat Regulations Assessment as well as public consultation for a minimum of six weeks on the proposed main modifications. During this time the Inspector will progress work on the report, but it cannot be finalised until the Inspector have considered the responses to the consultation of main modifications proposed. Further hearing sessions are only held where essential in the interests of fairness and in order to clarify or resolve substantial new issues arising from the representations.
The Inspector's report is subject to an internal review process and the draft report is initially sent to the councils for a fact-check review which is strictly limited to the matters of factual accuracy. The Inspector will deal with any factual matters raised by the council and then their final report is sent to the Local Planning Authorities for immediate publication. This marks the end of the Local Plan examination and enables the three councils to move into formal adoption of the plan.
For further information, please visit guidance below in relation to the local plan examination published by the Planning Inspectorate:
Procedure Guide for Local Plan Examinations
A guide aimed at all those involved in the process and concerned with the procedural aspects of examining a Local Plan.
Local Plans: the examination process
A guidance in relation to the Local Plan examination process and the role the Planning Inspectorate plays.
Local plans: taking part in examinations
A short guide for those who might be participating in a Local Plan examination for the first time.
