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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - This week

How best to resolve differences following Examiner's Report?

James Campbell, modified 8 Years ago.

How best to resolve differences following Examiner's Report?

New Member Posts: 13 Join Date: 21/10/11 Recent Posts

I'm seeking advice on the current situation we find ourselves in following receipt of the Examiner's report.  The report recommends significant changes to the neighbourhood plan in order to meet the Basic Conditions.  Two parts of the recommended changes are opposed by the parish.  The parish council are of the opinion that a recent appeal decision (allowing development on a site adjacent but outside the neighbourhood area) that was received after the examiner's report is new and compelling evidence that supports departing from the Examiner's recommendations.  The parish have put alternative modifications to us that broadly maintain the original submission plan for these two parts.  We (officers) at the District Council are currently not convinced that the appeal report supports departure from the recommended changes or that it supports the parish's modifications.  I should also say that the parish have reminded us that the examiner's report is not binding and have mentioned taking legal action if we don't agree with them.

We want to work with the parish to resolve the situation and would want to try to avoid a situation where we could be made out to be bullying the parish into a situation they are opposed to.  However we see little option than to take a report to our Cabinet that essentially says we can only support a version of the plan that is changed as recommended by the examiner and that we can't support the parish's version.

I would appreciate any advice or information on similar situations elsewhere.

James Campbell, modified 8 Years ago.

RE: How best to resolve differences following Examiner's Report?

New Member Posts: 13 Join Date: 21/10/11 Recent Posts
By way of update we dicded that the way forward was for us at officer level to draft alternative amendments that went as far as possible towards addressing the parish's concerns while still meeting the Basic Conditions.  Our plan was to consult on the new mods and potentially reopen the examination.  However the parish has said that they aren't happy with the new mods and want to discuss the matter further.  What we will do has yet to be decided but I'm not sure what good further discussion will do as we think we went as far as we could.  I think we may need to draw a line and proceed with consulting on the new mods and accept that they will be opposed by the parish.
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Jo Witherden, modified 8 Years ago.

RE: How best to resolve differences following Examiner's Report?

Enthusiast Posts: 33 Join Date: 21/10/11 Recent Posts

It would seem to me to be going against the whole ethos of the Localism Act to proceed with a Neighbourhood Plan that the Parish Council say they would fundamentally oppose in its proposed form.  If there is no middle ground option that the Parish Council would support then perhaps the fairest solution would be to make clear that they could ask for the document not to proceed any further, and effectively ‘withdraw’ their submission to put them back into the driving seat as to what type of plan they want to progress.

To press ahead seems a very questionable use of public money.

Best wishes,  Jo

 

 

James Campbell, modified 8 Years ago.

RE: How best to resolve differences following Examiner's Report?

New Member Posts: 13 Join Date: 21/10/11 Recent Posts

I would agree that it would go against the spirit but the NPPG is (while being quite basic in its advice) pretty clear that it's the LPA who need to be deciding whether it meets the basic conditions or not and can't propose a NP go to referendum unless it meets them.

I can't see the parish withdrawing the plan but it may be the best course of action.

Andrew Chalmers, modified 8 Years ago.

RE: How best to resolve differences following Examiner's Report?

Advocate Posts: 172 Join Date: 20/10/11 Recent Posts

This was always going to be a possible scenario given the ill-thought out bolting on of neighbourhood planning with its lesser requirements and approval through referendum to a development plan system with adoption dependent on far more stringent requirements including meeting both legal requirements, test of soundness and binding report. Yet both plans end up carrying the same weight!

It is well worth remembering that this is the neighbourhood’s plan not just a lower tier district plan.

Clearly your district having taken the view (in line with the examiner) that the plan cannot go forward, as it does not meet basic tests, stalls at this stage.

Unless modifications can be made, by the parish and agreed by them, then the only option really is to get the parish to withdraw.  You as the district cannot impose modifications on what is not the district’s plan.

It is pretty difficult to see a parish having a strong legal case to force a district to take a plan to referendum where the council as a decision maker at this stage has clearly weighed up not just its own judgement but the independent examiner’s report.

Of course if you were to suggest modifications which the parish reluctantly accepted simply to get the plan through, this could backfire with a massive no vote anyway which is a waste of time, resources and goodwill.

So sadly the only course is to say we cannot go forward and try to convince the parish that the sensible approach is to do so with some form of modification as set out by the examiner.  It is clearly a pity that it appears that these issues were not able to be resolved via the plan preparation process…but maybe that was always inevitable?