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