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Open group | Started - July 2012 | Last activity - February

Demonstrating a 5YS for Examination of a new plan

Jonathan Pheasant, modified 3 Years ago.

Demonstrating a 5YS for Examination of a new plan

Advocate Posts: 158 Join Date: 23/05/11 Recent Posts

I just have a query relating to para 73 and footnote 38 really.

We all know you have to maintain 5YS against either your plan requirement if your plan is up to date or against your need (standard method) if your plan is out of date.

However, if you are evidencing your new plan at Examination, it has not been adopted yet. So the Inspector is assessing whether you WILL have a 5YS 'at adoption' based on your new plan requirement and land supply including allocations in that plan.

When we had our current plan Examined in 2016 this got messy at the Examination because we provided a 5YS position which was based on the situation 'at the point of adoption' (which we assessed to be about 6 months after Examination). However, it was argued at the Examination that the Inspector should be assessing what the 5YS was 'now' ie. for the current monitoring year (we were challenged that we should have a 5YS at the previous 1 April in order for our plan to be sound). The Inspector did not provide a decision either way at to which base date to use, but asked us to provide supply information for both scenarios and fortunately concluded that we had a 5YS whether we used the current position or the one with the new plan in place.

On reading para 73 and footnote 38 there are now 3 buffers. 5% for normal circumstances. 10% through an annual position statement or in a recently adopted plan and 20% if the HDT is failed.   

But it is not clear in the NPPF how this is done for the purposes of Examination of a new plan. Do you use a 10% buffer because you are setting out the position of a new plan and 'at adoption' it will be a 'recently adopted' plan? It would seem crazy to apply a buffer based on previous HDT results because they are measuring against a requirement which would be irrelevant for a 'new' plan? ie...you're having a new plan and everything is starting again and whether the plan is 'sound' depends on you having a 5YS 'at the point of adoption', measured against the requirement in the new plan and with a buffer of...???

 

Has anyone actually had experience of this..or anyone got any thoughts?

Thanks

 

 

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