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Planning Advisory Service (PAS)
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Neighbourhood Planning - Regulation 16

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John Halton, modifié il y a 1 année.

Neighbourhood Planning - Regulation 16

New Member Publications: 11 Date d'inscription: 20/10/11 Publications Récentes

We have always taken the decision NOT to make copies of the representations, received in response to the Regulation 16 consultation, available until cleared to do so by the independent Examiner.

We believe that this appraoch ensures that the process is fair to all including the Qualifying Body.

That said I cannot find any regulations or guidance to confirm that this is the correct approach.

We are now in a position where, for the first time, we have been unable to appoint an Examiner by the close of the Regulation 16 consultation. As a consequence there is a sizeable gap before the start of the Examination.

The Qualifying Body has asked for copies of the representationsto be sent to them. We have advised that that is not in-line with our policy, but these are unusual circumstances.  

We are considering whether it would be acceptable to publish redacted copies on the Council website, so that all interested parties have equal access. Our concern is that an Examiner may not be comfortable with this.

Any views on whether our approach is understandable, unreasonable, or represents good practice, would be most welcome.

richard white, modifié il y a 1 année.

RE: Neighbourhood Planning - Regulation 16

Advocate Publications: 212 Date d'inscription: 26/11/18 Publications Récentes

I suspect the answer is to be found in the EIR/FOI/GDPR world, and I suspect the answer is that you would be obliged to provide the information with personal data redacted unless you were anyway about to publish this more generally. (A policy which does not conform with EIR/FOI/GDPR would itself be unlawful IMO)

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John Halton, modifié il y a 1 année.

RE: Neighbourhood Planning - Regulation 16

New Member Publications: 11 Date d'inscription: 20/10/11 Publications Récentes

I have been advised that the answer lies in paragraphs 1.11.2, 1.11.4, 2.6.6 and 2.8.3 of the Guidance to Service Users and Examiners, issued by NPIERS (link below).

Paragraph 2.6.6. notes that there is no legal requirement for the local planning authority to publish the Regulation 16 responses, but that this is considered good practice in the interests of openness and transparency.

Paragraph 11.1.2 states that representations should be publicised by posting them on the local planning authority’s website and implies that this can be done before they are provided to the independent examiner.

Paragraphs 11.1.4 and 2.8.3 note that:

  1. The qualifying body will normally be given the opportunity to comment on the representations made by other parties, particularly where matters have not been raised at the Regulation 14 stage.
  2. The opportunity for the qualifying body to comment on representations can be included in the independent examiner’s clarification note.
  3. The qualifying body should ideally make its comments known within two weeks of the close of the Regulation 16 stage.

In the absence of an independent examiner at the close of the Regulation 16 stage,  the responsibility would appear to fall on the local planning authority to ensure compliance with the above. 

I hope that helps.