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

Should we submit the NP to an Examiner to sort out our differences?

Lorna Coldicott, modified 8 Years ago.

Should we submit the NP to an Examiner to sort out our differences?

New Member Posts: 19 Join Date: 12/08/13 Recent Posts
We have consistently advised a Neighbourhood Plan team that there are certain things that they cannot include in their plan - some are asking for the impossible and others are policies which conflict with existing Local Plan policies. They have carried out the Reg 14 consultation and reported back on that and now produced a draft plan which again, has not taken into account our objections. Is it time to just allow an Examiner to look at this and let them sort out the issues between us, or should we not be progressing the plan at all? Anyone else had a similar situation please?
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Jo Witherden, modified 8 Years ago.

RE: Should we submit the NP to an Examiner to sort out our differences?

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

Hi Lorna

Not been in exactly the same boat as you, but from my understanding there are specific issues you need to consider at this stage - whether they are a relevant body (authorised to act in relation to the neighbourhood area concerned), whether they have complied with the rules of submission (which relates to the scope and basic contents of the documents submitted - such as the inclusion of the plan period), and whether they have undertaken the correct procedures in relation to consultation and publicity prior to submission.

You mention conformity and content

In terms of conformity - this is something that is a judgement call as local plan policies aren't necessarily all strategic ro up to date, and it is general not full conformity that is being tested.  So I would think it is appropriate to allow them to proceed and get an independent examiner to consider.

In terms of content - if they are including issues specifically excluded by legislation (such as minerals development) then this would be a reason to stop them prior to examination - but if it is just something that may not be 'possible' because its not deliverable (for example because of viability) or entirely to do with planning, that strikes me again as a judgement call appropriate for independent examination and likely to be struck out without the need to hold up the process.

Hope that helps - Jo