17 February 2014

Planning Inspectorate Expectations: Demonstrating Consultation in practice

Demonstrating Consultation in Practice

The Planning Act 2008

DEVELOPER PINS SofS

Pre-application Acceptance

Pre-examination

Examination

Recommendation

Decision

1 Year plus Ca 1 Year

3 months

As amended by Localism Act 2011

Demonstrating Consultation in Practice

Pre-application Consultation

Statutory obligation on developer to

consult statutory parties (s42)

consult local communities (s47)

Publicise the proposed scheme (s48)

Have regard to relevant responses (s49)

Demonstrating Consultation in Practice

Pre-application: The Developer in the Lead

NI professional and administrative services

Developer

Otherorganisations

Generalpublic

Potentialinterested

parties

StatutoryconsulteesGovernment DeptsLocal authorities

Land owners &neighbours

Demonstrating Consultation in Practice

Consultation Report

List in strands consultation in blocks:

• s42 – Prescribed Consultees• s42 – Local Authorities• s42 – Persons with an interest in the land• s47 – duty to consult local community• s48 – duty to publicise (if practicable)

• Informal Consultation

Date consulted

Response deadline Summary of response

Change Y/N? Regard had to response (s49)

Demonstrating Consultation in Practice

Backing up the Consultation Report

• Provide proof of purported agreement (eg Habitats Regs)

• Clear signposting to where evidence provided

• Inclusion of public notices as they appear in print in annex

Demonstrating Consultation in Practice

Revised CLG Guidance

Pre-application Guidance

Examination Guidance

Associated Development Guidance

Application Form Guidance

Fees Guidance

Compulsory Acquisition Guidance

Demonstrating Consultation in Practice

Demonstrating s49 compliance

• Take an ‘issues-based’ approach

• Explain what changes made in response

• Give reasons for dismissed suggestions

• Ensure responses are fairly summarised/ represented

Demonstrating Consultation in Practice

• Prepare application for examination as well as acceptance

• Ensure consistent project in all application documents fully consulted on

• Start preparing Statements of Common Ground as early as possible

• Tailor to size & complexity of scheme

What have we learnt so far?

Demonstrating Consultation in Practice

Best Practice Tips

• List all prescribed consultees by category

• Consistency with Book of Reference and explain any differences

• Clarity of Information