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Participating in LDP Hearings

This document provides a comprehensive overview of the Local Development Plan (LDP) hearings conducted by the Planning Inspectorate in September 2010. It emphasizes that these hearings are inquisitorial rather than adversarial, highlighting the Inspector's role in evaluating the soundness of the LDP. Key focus areas include the robustness of evidence, the deliverability of growth strategies, and the importance of thorough preparation. The document also outlines procedural requirements and lessons learned from past experiences, offering insights to ensure effective participation and plan soundness evaluation.

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Participating in LDP Hearings

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  1. Participating in LDP Hearings September 2010 Alwyn Nixon The Planning Inspectorate

  2. Hearings are not Inquiries! • Inquisitorial, not adversarial • Led by Inspector • Round-table discussion • Focus on Plan soundness

  3. Purpose of the Hearing • What’s the context? • Part of soundness examination; procedural, consistency, coherence and effectiveness tests • Robustness of evidence Plan is based on • Opponents’ right to be heard • Council’s opportunity to explain

  4. Inspector’s Role • Soundness of whole LDP • Not just representations • Can make changes • but scope limited • Cannot re-write a basically unsound LDP

  5. Evidence – that the Plan is sound Growth strategy/Allocations/ Designations/Development Policies Amount, distribution, rate of development Methodology – how did you get there? Why? Realistic and deliverable? Should be in the evidence base – point to it What is the Inspector looking for?

  6. Deliverability • Realism • Viability • Infrastructure • Monitoring framework/ trigger points

  7. Hearings Programme/Timetable • PHM – early guidance • Hearings Programme • Inspector’s list of Issues and Matters • Participants and representations • Hearing statements – summary of position and evidence relied on

  8. What the Inspector wants….. • Thorough preparation essential • Know your evidence – be prepared to explain and justify • Anticipate responses required to representations • Robustly defend position where right to do so • Adopt a positive, proactive approach where appropriate

  9. Matters Arising • Note all matters agreed as requiring further attention during hearings • Produce “matters arising” list following each hearing session • Submit Council proposed changes as promptly as possible

  10. Some early lessons • Ensure Plan for Inspector’s consideration is in final form ready for adoption - remove “Deposit Plan” etc references • Engage with representors – explain Council’s approach and soundness basis of examination • Make representors aware of Council consideration of representations report • Check Plan thoroughly and submit list of minor editorial changes • Be prepared to propose constructive solutions to issues/matters raised

  11. Forms! • Have been a problem • Requirement for separate forms confusing • Designed new Forms with PAW • Brecon Beacons NPA trialling new Forms • PINS website

  12. Finally… • LDP is a critical document • PINS is committed to role ensuring all LPAs have sound LDPs in place • We are all learning how best to manage the process • Use others’ experience – LPA examination websites • PINS guidance/lessons learnt • http://www.planning-inspectorate.gov.uk/cymru/wal/appeals/local_development_plans_e.htm • http://www.planning-inspectorate.gov.uk/cymru/cym/appeals/local_dev_index_w.htm

  13. Hopefully, the outcome....

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