PAS Neighbourhood Planning Workshop 2015
background neighbourhood planning is becoming well established – widespread engagement, court cases, ministerial decisions
be realistic about QB capability technical support – eg SEA/Habitats understanding of policy context expertise on policy wording (DM) handling non land use issues keep QB focussed on basic conditions make sure QB tell the story of plan development including evidence used and decisions made
try to resolve any LPA/QB differences before submission plan stage – examiners recommend modifications only to meet the basic conditions and convention rights co-ordinate LPA and QB publicity/websites encourage QB to work with all stakeholders including developers
an examination where the questions are known - there are no surprises – what an examiner can consider is precisely defined look at examination reports already issued and court cases encourage full use of the basic conditions statement consider an independent ‘health check’ review – usually undertaken in a few days
independent desk-based review undertaken by a qualified and experienced examiner most beneficial at pre-submission stage identifies issues that may cause delay or rejection at examination considers problems in meeting the basic conditions and other requirements provides general advice on changes that need to be made
no win no fee operators is evidence local, proportionate and sufficient? (fairness includes affordability) does SEA assess options? is allocation selection justified? are LGS designations evidenced? use of reasoning and evidence informing an emerging Local Plan process negotiation to narrow or eliminate issues
source early so can drip-feed representations LPA appointment – fully engage QB highlight key issues and particular areas of expertise required - eg regeneration, rural, heritage indicate timing of examination - assists checking examiner availability be realistic about professional indemnity
48 examiners on the Panel including chartered town planners, chartered surveyors, barristers since the Panel was established 48 plans have been submitted for examination 45 (94%) have sourced independent examiners through NPIERS auditable and transparent process
NPIERS provide CV and suitability statement from 3 potential non-conflicted examiners can request specific examiner be included on basis background, qualifications, experience, issues dealt with in previous reports applications usually sufficient to appoint - if questions consider or phone interview rarely necessary - LPA and QB should be represented - deal with process, skills and experience - not plan merits
LPA and examiner contract directly agree invoicing arrangements nominate a single LPA point of contact (some LPA’s have NP dedicated officer/s) agree communication protocol LPA provide complete documentation in format required agree anticipated timeline
manage expectations and reduce cost - issue guidance that representations should address the basic conditions and other tests late representations and new evidence not normally considered listing/summary of representations and clarification of development plan/strategic policies helpful examiner will visit the plan area - normally unaccompanied - consider access
examination by consideration of written representations is the general rule if examiner decides a hearing is necessary examiner will identify topic(s) for consideration, parties to speak in addition to LPA and QB, take charge of proceedings. LPA role – notice, invitations, venue issues examiner may request the LPA to note take
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LPA project plan – involve electoral services - work from preferred referendum date - consider decision meeting cycles and delegated powers examination will typically take 6 days work complex representations, absence of an up to date Local Plan, or a hearing can each add a further 2 to 3 days consider briefings and manage press and publicity
Chris Collison Planning and Management Ltd uk.linkedin.com/pub/chris-collison/14/289/6aa Paul Taylor NPIERS Product Manager