Post Examination Neighbourhood Plans - next steps? - Public forum - Planning Advisory Service (PAS)

Thanks for your response.

I don't believe we do need to do a consultation (my manager suggested I pose the question on here to get a feel for others views on the matter) but if we did do some consultation, I guess it would be to ask people if they were happy for us to make the proposed changes, whilst making it clear we were asking for views on the specific changes proposed, not asking for new suggestions for changes (unless they were changes we as LPA agreed needed to be made in order for the Plan to meet the basic conditions?)

We have of course 'consulted' the relevant parishes insofar as we've emailed them the examiner's report and they've told us they're happy with the changes recommended, so I don't see the same issue arising as with the Swanwick case (where the parish complained that they were not consulted at this stage).

One of the problems of the referendum being the only chance to express their views on the changes is that the community has to reject the whole Plan (i.e. at referendum) even if they only disagree with one small bit of it, which seems an awful lot of wasted effort, although I fully accept that's the process.

Incidentally, 13(1) of Schedule 10B of the LA 2011 says that if LPA decide to make a decision that is different from the examiner's and this is due to new evidence, a new fact or a difference of opinion as to a particular fact, then we would have to notify prescribed persons and invite representations....so unless I've got very mixed up with which Regs are current, it seems that there is a circumstance in which we would have to consult at this stage (althoguh these circumstacnes do not apply in our case)

Any further thoughts welcome but on the whole I take the points you've made to support the idea that there is no value in us consulting - thanks.

There is no requirement to consult again on a neighbourhood plan once it has been through independent examination.  The LPA must consider the recommendations made by the examiner but they are not bound by those recommendations.  Actions required by the LPA are set out in Schedule 4B of the T&CPA 1990 (see para 12).  The LPA can make changes to a neighbourhood plan in addition to those recommended by the examiner and can decide not to accept any or all of the examiners recommendations (see para 12 (4) (b) of Schedule 4B).  So it's not true to say that the LPA can't make other changes to a plan.  It is the LPA's decision whether a plan should proceed to referendum, not the examiner's decision - he or she is simply making recommendations which are not binding.  However, if the LPA decide to make changes other than those recommended by an independent examiner they must consider the requirements of para 13 of Schedule 4B.  This introduces the possiblilty that further publicity and consultation may be required, and even the possibility of requiring a further independent examination if the reasons for the LPA difference of opinion to that of the examiner is '...as a result of new evidence or a new fact or a different view taken by the authority as to a particular fact,...'.  Never simple is it?!!

If you're accepting all of the examnier's recommendations, and you think the plan meets the basic conditions, then there is no need for further consultation.  There will be circumstances where qualifying bodies don't like what examiner's recommend (we currently have two such cases).  For this reason paras 12 and 13 allow for further discussion and negotiation with the qualifying body on what should be included in the plan.  When the LPA and the qualifying body can't agree and the LPA takes the decision to put the plan to referendum we get the circumstances that have arisen in Derbyshire - local democracy in action!

Hope this is helpful.  Let me know if anyone has a different view or if there have been changes to legislation that I might not have seen.