Re: Amending SCIs - is formal adoption still needed? - Public forum - Planning Advisory Service (PAS)
Grŵp agored
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Wedi dechrau - Gorffenaf 2012
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Gweithgaredd diwethaf - May
Re: Amending SCIs - is formal adoption still needed?
We are part-way through amending our adopted SCI, to reflect changes in the Regs and Council Constitution. I've had a trawl through the 2004 Act (as amended) and the 2012 Regs, but I am still uncertain of the exact status of SCIs. As I understand it, 2008 amendments to the 2004 Act re-classify SCIs as LDDs (from DPDs) and Section 17 (8) requires LDDs to be adopted by resolution of the LPA. But para 5 (1) (a) of the 2012 Regs includes a list of docs which are LDDs, and it does not appear to me that SCIs fall neatly into any of the four categories. Para 2 (1) (l) of the Regs also says that an SCI is not an SPD. Our understanding is that, following the 2008 amendments, the requirement for an SCI to be examined by PINS was removed. So can anyone advise me as to whether the SCI now is, or is not, an LDD (Local Plan)? If it is, then it seems clear enough that formal adoption will be required. (We are not planning any public consultation, because the changes solely reflect other changes already made to related docs). If it is not, then can we just update/re-publish the SCI on our website? Thanks in advance for any assistance, Adam
Hi Adam, there is another thread on SCIs here which might help you http://www.pas.gov.uk/pas/forum/thread-maint.do?topicId=2115126
If it helps I emailed DCLG and this was their response. "The requirement to produce an SCI in s.18 of the 2004 Act remains, but the 2012 regulations do not prescribe the process of doing so. Each council is therefore free to decide this for themselves". I took this to mean that we could decide whether or not to consult - we are treating it like an SPD with one round of consultation and then we will adopt it via our portfolio holder.