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Pre-submission Consultation on Neighbourhood Plans & Confidentiality Rules

Former Member, modified 11 Years ago.

Pre-submission Consultation on Neighbourhood Plans & Confidentiality Rules

A Parish that I am supporting is about to go out to consultation on its Pre-submission Neighbourhood Plan. However the Steering Group is wanting to keep all of the details of who submits responses from the village confidential. I don't want to find that this means that the Neighbourhood Plan is not legally compliant at a later stage. Has anyone else been through this hoop? Obviously any comments made to the LPA on planning matters such as Plans or applications cannot be kept confidential. Does this apply to pre-submission Neighbourhood Plans also?
Daniel Hudson, modified 11 Years ago.

Re: Pre-submission Consultation on Neighbourhood Plans & Confidentiality Ru

Advocate Posts: 121 Join Date: 25/04/12 Recent Posts
Doesn't sound like good practise whatever the legal compliance issues are. It raises the wider question of whether Neighbourhood Plans have to be prepared in line with the Local Planning Authority's Statement of Community Involvement.
Lorna Coldicott, modified 9 Years ago.

RE: Pre-submission Consultation on Neighbourhood Plans & Confidentiality Ru

New Member Posts: 19 Join Date: 12/08/13 Recent Posts
If they can't be assigned, how can an Examiner be assured that they are genuine?
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Jo Witherden, modified 9 Years ago.

RE: Pre-submission Consultation on Neighbourhood Plans & Confidentiality Ru

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

Although the legal requirements aren't specific, my concern would be that the Examiner, in reading the consultation summary, may want to know who responded and who the comments on the main issues were attributed to, so that there was a clear audit trail if the consultation process was queried through the post-submission consultation run by the LPA.  It is also helpful if the comments made by organisations (especially the statutory consultees) can be clearly identified.  

In my experience the main reason for local people wanting confidentiality in consultations is because they are concerned that people won't otherwise respond because they are objecting to issues that are supported by the people that they live / work / socialise with.  Our advice (in local plan consultations) to those people is that they can always approach their local councillor and ask them to submit a comment picking up on their issues on behalf of their constituents.  

However the neighbourhood planning process is slightlly different, and if the group had decided to run a drop-in event during their pre-submission consultation with (for example) comments captured on post-it notes - I would think this clearly should count as part of the consultation and should be recorded as such (making clear which comments were received this way).  This could be a way to get around the confidentiality issue for some.

At the end of the day it is about having a suitably clear audit trail to explain the actions taken, responses received and how these were considered, clearly, in the consultation summary.