Agenda item

            The Committee considered the following report:

“1.0     Purpose of Report or Summary of Main Issues

1.1      To present for consideration and comment a consultation from the Planning Appeals Commission on Draft Procedures for the independent examination of Local Development Plans.

1.2      The Planning Appeals Commission (PAC) has consulted the Council on the preparation of a guidance document in relation to the procedures surrounding the independent examination stage of the Local Development Plan. It has issued a consultation document comprising draft procedures for comment – copy attached at Appendix 2.

1.3      The closing date for submissions is 27th March 2017. The proposed draft response is attached in Appendix 1 for consideration.

2.0      Recommendation

2.1      It is recommended that the Committee notes the consultation draft procedures document issued by the PAC (see Appendix 2). It is further recommended that the Committee considers the draft written response to the PAC (see Appendix 1) and, if appropriate, approve its submission to the PAC as the Council’s response to the consultation.

3.0      Main Report

            Introduction

3.1      Members will be aware that the new Belfast Local Development Plan is currently in preparation and the Council’s Preferred Options Paper has recently been published for consultation. The Plan is made up of two main components: the Draft Plan Strategy and the Local Policies Plan. Following extensive engagement, both parts of the Plan will be subject to an independent examination, which will be carried out by the PAC.

3.2      The independent examination is specifically to assess the conformity of the plan documents with the statutory requirements and their soundness. The concept of soundness is based on a number of tests set out in the former Department of the Environment’s Development Plan Practice Note 6. The tests are based upon three categories which relate to (1) how the development plan document has been produced; (2) the alignment with central government/regional plans, policy and guidance; and (3) the coherence, consistency and effectiveness of its content. A summary of the tests for soundness is included at Appendix 3 of the PAC’s consultation document.

            Consultation Document

3.3      The PAC’s draft independent examination procedures document provides guidance on a number of key matters. These include the making of representations, the submission of the plan documents to the Department (and the PAC), the independent examination hearing itself and the PAC’s final report. The guidance is aimed at all parties involved in the process, including planning authorities, consultants, developers, interest groups and individual objectors.

3.4      The commitment by the PAC to prepare procedural guidance on the independent examination of the Local Development Plan is to be welcomed. The guidance will be useful in preparing for and participating in examinations, particularly in the context of the new planning process and new planning authorities.

3.5      The draft guidance stresses that the independent examination of the plan documents is solely on statutory requirements and soundness. This fact is referred to throughout the guidance and it is important that all parties are fully aware of this requirement. Restricting the examination to such matters should result in more focussed and efficient public hearings.

3.6      The draft document provides guidance on how representations should be made – again confirming that they should relate to soundness. It encourages the use of forms for making representations and supports brevity and clarity. It suggests that individuals with a common concern could make a joint submission and, in this regard, it states that the substance of representations is more important than the volume. Similarly, it confirms that written representations will be given equal weight to oral submissions.          

3.7      The draft guidance sets out the information that the planning authorities should make available to the Department for Infrastructure and PAC in submitting plan documents for examination. This includes an analysis of submissions and the Council’s opinion on them. It also includes any supporting evidence, such as topic papers, technical supplements and a self-assessment of legal compliance and soundness.

3.8      In advance of the actual independent examination public hearing, the guidance states that the PAC will give initial consideration to procedural and soundness matters. In the event that the PAC thinks that the plan is deficient in some way, it will engage with the planning authority and other relevant parties to seek a resolution.

3.9      The draft guidance provides detail on the format of the public hearing sessions. Hearings will be in the form of a round table discussion, chaired by a Commissioner and avoiding undue legalism. This more informal approach is welcomed as undue formality can lead to very adversarial and legalistic exchanges. In this regard, the Commissioner will have to ensure that the informal approach is maintained and that all persons have equal opportunity to make their views known.

3.10     Following the public hearing sessions, the Commissioner will prepare a report on the plan document’s legality and soundness. This report is made to the Department for Infrastructure, which will then decide whether to direct the plan document to be adopted, modified or withdrawn.

3.11     It is noted that, throughout the draft document, there is little reference to timescales. In this regard, it is important that the independent examination stages of the LDP process are as efficient and effective as possible and do not result in undue delay to the plan. This is of particular importance as the Council has published a timetable for the preparation of the LDP and significant time spent in the examination stages, which is outside the Council’s direct control, could prejudice the timely adoption of the new plan. This raises concerns that delays could ultimately affect the Plan’s soundness. It is considered that the finalised guidance document should give indicative timeframes for each stage of the examination process, including the pre-hearing stage, the hearing itself and the final reporting stage.

3.12     The recommended response is set out in Appendix 1. In summary, the proposed procedures document around the independent examination of LDP documents is welcomed. This is a new procedure within a new planning system and the procedural guidance should be helpful to all parties involved in the process. However, there are a number of important matters that should be expanded on or clarified, including the format of the hearing sessions and indicative timeframes for the stages of the process. These matters are highlighted in the draft response.

3.13     Finance and Resource Implications

            There are no resource implications associated with this report.

3.14     Asset and Other Implications

            None noted.

3.15     Equality or Good Relations Implications

            There are no relevant equality or good relations implications attached to this report.”

            The Committee noted the contents of the report and agreed to the submission of the response outlined in the report regarding the Draft Procedures for the Independent Examination of Local Development Plans to the Planning Appeals Commission. (Copy available on Modern.gov).