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Open group | Started - July 2012 | Last activity - This week

Re: Local Plans - what are we doing now?

Former Member, modified 11 Years ago.

Local Plans - what are we doing now?

In the POS Advice Note published in May 2012 titled "Transition to the Localism Act and the National Planning Policy Framework" (http://www.planningofficers.org.uk/downloads/pdf/Advice%20note%20on%20transition%20to%20NPPF_May%202012.pdf), it says: para 2.3 - 2.5 that the 2012 regs remove the requirement to prepare a Core Strategy, and in para 4.6 that if an authority has an adopted Core Strategy they can amend it through other DPDs. We had in March 2012, through his ministerial address, Greg Clarke announcing: "that the term “local plan” has replaced the term “core strategy” to simplify the language we use in plan making…". The Town and Country Planning (Local Planning) (England) Regulations 2012 section 6 states that "any document of the description referred to in regulation 5(1)(a)(i), (ii) or (iv) or 5(2)(a) or (b) is a local plan". This implies the plural term Local Plans can be name given to a group of plans which in all essence is the same as the now forgotten Local Development Framework. Do people agree with the POS stance above? The Government is pro-localism but in plan preparation isn't this a cop out as authorities will all be left to make up plans as they go along rather than having a process to work to. Is plan preparation being left to fail?
Former Member, modified 11 Years ago.

Re: Local Plans - what are we doing now?

LPAs are still required to prepare a Local Development Scheme under the P&CP Act 2004 as amended by the Localism Act. LPAs are required to revise the LDS at such a time as they consider appropriate. The Secretary of State can direct LPAs to amend the LDS "for the purpose of ensuring effective coverage of the authority's area by development plan documents......" DPDs must be prepared in accordance with the LDS. From this it is clear that we are still required to have a plan for the area, and the name is not that important. I think this shows that the Government wants full plan coverage in England. It may not be easy but the law gives no room for excuses.
Philippa Brunsden, modified 11 Years ago.

Re: Local Plans - what are we doing now?

New Member Posts: 4 Join Date: 19/10/11 Recent Posts
It might not matter what we call the plan for our area, but it would be helpful if there was some consistency in the published guidance. I'm trying to update our LDS and want to get the terminology right. The 2012 Regulations and the explanatory note that goes with them (para. 4.3) state that the term 'Local Plans' applies to DPDs, and that SPDs are not Local Plans ( http://www.legislation.gov.uk/uksi/2012/767/pdfs/uksiem_20120767_en.pdf ) Is the 'Local Plan' effectively a 'folder' containing all our DPDs? Or is each DPD a Local Plan? In contrast, the PAS guidance on 'How Planning Works' for local councillors ( http://www.pas.gov.uk/pas/aio/1257407 ) states that the Local Plan is sometimes called the Local Development Framework and is made up of DPDs and SPDs. Doesn't this contradict the Regulations, which state that SPDs aren't Local Plans? Should we still be using the term 'Local Development Framework' to refer to all our DPDs (the Local Plan(s)?) + SPDs, the LDS and the SCI? I'm hoping someone has got their head around all this!
Former Member, modified 11 Years ago.

Local Plans - what are we doing now?

My understanding in all this confusion is that Local Plans are the new terms for DPDs, and SPDs remain as they were. At the end of the 2012 Regs, the Explanatory Note says "The Regulations also prescribe the proces for preparation of the local plans and supplementary planning documents".
Former Member, modified 11 Years ago.

Re: Local Plans - what are we doing now?

Thanks Tanya, and thanks Phillipa for pointing out the discrepancy in our publication. We will correct that as soon as possible. My understanding is that the 'local plan' is your collection of DPDs (which may only be 1 document, it may be several) as opposed to each individual DPD. As Tanya points out, SPDs remain as they were. They are still not DPDs and therefore not part of your 'local plan'. They are of course material considerations where they are relevant to making decisions on an application. Neighbourhood plans are also not DPDs but will be material considerations where the application is in the area covered by the neighbourhood plan.
Philippa Brunsden, modified 11 Years ago.

Re: Local Plans - what are we doing now?

New Member Posts: 4 Join Date: 19/10/11 Recent Posts
Thanks for the responses. We're preparing our Core Strategy and will produce a separate Site Allocations DPD. We've also got a Joint Waste DPD for Greater Manchester and will have a Joint Minerals DPD, so together these will make up our Local Plan. Andrea, thanks for the advice to streamline the LDS, and for the summary of the LDS process which you've posted previously - very useful!