RE: Legal Framework for Examining Plans - Public forum - Planning Advisory Service (PAS)
RE: Legal Framework for Examining Plans
Jonathan Pheasant, Addaswyd 1 Year yn ôl.
Legal Framework for Examining Plans
Advocate Postiadau: 158 Dyddiad Ymuno: 23/05/2011 Bostiadau diweddarI noticed in the current consultation on Levelling Up and a new NPPF that the proposals are to set a time at which legal requirements for Plan making change.
we are proposing that plan makers will have until 30 June 2025 to submit their local plans, neighbourhood plans, minerals and waste plans, and spatial development strategies for independent examination under the existing legal framework; this will mean that existing legal requirements and duties, for example the Duty to Cooperate, will still apply.
This raises a question in my mind. Plans are examined on Soundness and Legal Compliance. If Plans that are SUBMITTED after 30 June 2025 are Examined against a new/different/proposed legal framework how will, that work with Duty to Cooperate?
DtC is a legal requirement and the requirement starts at the very beginning of plan making. The earliest stages. The point when you do not know when you will be submitting your Plan. The way the Government's proposals are set out, they intend to remove DtC as a legal requirement. So how does that fit with preparing a Plan? You start your Plan and you carry out DtC all the way through..and then you submit it in July 2025 and DtC no longer apllies?
An even bigger issue...does this not actually encourage local authorities that are neighbours to big cities (with 35% uplift) to delay plan making and to intentionally submit AFTER June 2025 when they have no legal DtC, thus making it much easier to avoid pressure to deal with unmet needs from their neighbour who has a 30% uplift? Politically at least it would seem attractive to hold back making your plan to avoid DtC and simply then be examined on meeting your own need? However, thus would not align wioth Government's desire to get Plans in place fast.
Richard Crawley, Addaswyd 1 Year yn ôl.
RE: Legal Framework for Examining Plans
Expert Postiadau: 254 Dyddiad Ymuno: 07/12/2011 Bostiadau diweddarThese are very good questions.
We are doing a series of in-person roadshows to support the NPPF consultation and hope to have a tame inspector with us. This is precisely the sort of issue we want to kick around so that your consultation response can point out the unforseen consequences (etc) in it.
We don't have all the details yet - I reckon our bulletin will be out next week.
Grant Jackson, Addaswyd 1 Year yn ôl.
RE: Legal Framework for Examining Plans
New Member Postiadau: 4 Dyddiad Ymuno: 04/02/2014 Bostiadau diweddarAs i understand it from reading chapter 9 of the consultation document. 30th June 2025 is the deadline for submitting plans under the existing legal framework and current or amended NPPF depending on the plan-making stage you are at. There isn't the possibility to submit plans after this deadline as missing the deadline means you will be required to prepare plans under the new plan-making system the Government anticipates to take effect from the end of 2024 over the 30 month period being proposed. So i read this as the choice is to carry on and submit prior to 30th June 2025 or move straight to the new system at the end of 2024 and prepare your 30 month plan under the provisions of the new policy and legal framework. Failure to meet the 30th June 2025 deadline means you have to prepare a new plan under the new policy and legal framework i.e. start again. Clearly it comes down to assessing all the pros and cons of what to do which is difficult in the absence of seeing the whole picture i.e. the final NPPF and PPG changes etc.
At least that's how i understood chapter 9 of the consultation document.
Jonathan Pheasant, Addaswyd 1 Year yn ôl.
RE: Legal Framework for Examining Plans
Advocate Postiadau: 158 Dyddiad Ymuno: 23/05/2011 Bostiadau diweddarInteresting observation Grant. I never thought of it like that but I see what you mean.However, that would still carry some of the same issues and maybe some different ones.
Grant Jackson, Addaswyd 1 Year yn ôl.
RE: Legal Framework for Examining Plans
New Member Postiadau: 4 Dyddiad Ymuno: 04/02/2014 Bostiadau diweddarHave to concur with everything you said Jonathan
Judith Orr, Addaswyd 1 Year yn ôl.
RE: Legal Framework for Examining Plans
New Member Postiadau: 18 Dyddiad Ymuno: 16/03/2021 Bostiadau diweddarI totally agree with you Grant Jackson. That is exactly how I have understood chapter 9. We have the option of moving ahead with the Duty to Cooperate under the old style system, provided that we can reach submission prior to the 30 June 2025, or we can chose to wait for the new system, being introduced at the end of 2024.