NPIERS - Experience of Neighbourhood Plan Examinations

PAS Neighbourhood Planning Workshop 2015

background neighbourhood planning is becoming well

established – widespread engagement, court cases, ministerial decisions

be realistic about QB capability technical support – eg SEA/Habitats understanding of policy context expertise on policy wording (DM) handling non land use issues keep QB focussed on basic conditions make sure QB tell the story of plan

development including evidence used and decisions made

try to resolve any LPA/QB differences before submission plan stage – examiners recommend modifications only to meet the basic conditions and convention rights

co-ordinate LPA and QB publicity/websites encourage QB to work with all stakeholders

including developers

an examination where the questions are known - there are no surprises – what an examiner can consider is precisely defined

look at examination reports already issued and court cases

encourage full use of the basic conditions statement

consider an independent ‘health check’ review – usually undertaken in a few days

independent desk-based review undertaken by a qualified and experienced examiner

most beneficial at pre-submission stage identifies issues that may cause delay or

rejection at examination considers problems in meeting the basic

conditions and other requirements provides general advice on changes that

need to be made

no win no fee operators is evidence local, proportionate and

sufficient? (fairness includes affordability) does SEA assess options? is allocation selection justified? are LGS designations evidenced? use of reasoning and evidence informing an

emerging Local Plan process negotiation to narrow or eliminate issues

source early so can drip-feed representations

LPA appointment – fully engage QB highlight key issues and particular areas of

expertise required - eg regeneration, rural, heritage

indicate timing of examination - assists checking examiner availability

be realistic about professional indemnity

48 examiners on the Panel including chartered town planners, chartered surveyors, barristers

since the Panel was established 48 plans have been submitted for examination

45 (94%) have sourced independent examiners through NPIERS

auditable and transparent process

NPIERS provide CV and suitability statement from 3 potential non-conflicted examiners

can request specific examiner be included on basis background, qualifications, experience, issues dealt with in previous reports

applications usually sufficient to appoint - if questions consider email or phone

interview rarely necessary - LPA and QB should be represented - deal with process, skills and experience - not plan merits

LPA and examiner contract directly agree invoicing arrangements nominate a single LPA point of contact

(some LPA’s have NP dedicated officer/s) agree communication protocol LPA provide complete documentation in

format required agree anticipated timeline

manage expectations and reduce cost - issue guidance that representations should address the basic conditions and other tests

late representations and new evidence not normally considered

listing/summary of representations and clarification of development plan/strategic policies helpful

examiner will visit the plan area - normally unaccompanied - consider access

examination by consideration of written representations is the general rule

if examiner decides a hearing is necessary examiner will identify topic(s) for consideration, parties to speak in addition to LPA and QB, take charge of proceedings. LPA role – notice, invitations, venue issues

examiner may request the LPA to note take

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LPA project plan – involve electoral services - work from preferred referendum date - consider decision meeting cycles and delegated powers

examination will typically take 6 days work complex representations, absence of an up

to date Local Plan, or a hearing can each add a further 2 to 3 days

consider briefings and manage press and publicity

Chris Collison Planning and Management Ltd [email protected] 01773 853450 uk.linkedin.com/pub/chris-collison/14/289/6aa

Paul Taylor NPIERS Product Manager [email protected] 02076 951735