Designated Area
The first formal step in the process of producing a NP is to establish the designated area. This is usually the Parish or Town boundary. The designated area must be agreed formally with the Local Planning Authority (LPA).
Supporting Evidence
When defining policies it will be necessary to provide the evidence to justify the policy and demonstrate to the examiner that the policy is necessary. The evidence may be embodied within the NP or provided as separate documents. For example if a policy defining local green spaces that are protected from development is included, there are limited acceptable reasons for selecting a local green space, eg recreational use, heritage protection or environmental protection, so it will be necessary to set out the reasons for the protection for each of the green spaces selected. These evidence documents must be provided to the examiner to support the NP.
Reg 14 Consultation
Once the draft NP has been prepared and accepted by the qualifying body, ie the Town or Parish Council, then a formal consultation must be held. This has to last for six weeks and be open to residents, a number of statutory consultees and anyone else who wishes to comment, including landowners and developers. At the end of the consultation, a Consultation Report must be produced which describes all of the consultation that has taken place during the preparation of the NP and specifically includes responses to every response received rom the consultation. The responses have to indicate whether the NP has been amended as a result of the comment, if it is relevant or if not, why the NP has not been changed.
Submission
There are other formal documents that have to be produced:
Reg 16 Consultation
The LPA then hold another six week consultation to the same statutory consultees and public.
Examination
LPA will appoint an examiner, usually offering a choice of examiners to the qualifying body.
The NP associated documents and the results of the last consultation are submitted to the examiner, who may respond with supplementary questions via the LPA.
The examiner’s report often includes requirements for changes to the wording of, particularly, policies to make them acceptable and will conclude with a decision whether the NP, subject to those changes, is fit to go to referendum or not.
Referendum
The qualifying body must make the appropriate changes and agree with the LPA that the changes have been completed satisfactorily. The LPA will then organise the referendum which must receive a simple majority.
The qualifying body (and the SG as a group acting on behalf of the qualifying body) may communicate with residents to encourage them to vote but cannot be seen to directly influence the voting by recommending a yes vote.
If the referendum achieves a majority yes vote, then the LPA will vote in Council to “make” the NP, ie formally adopt it.
The first formal step in the process of producing a NP is to establish the designated area. This is usually the Parish or Town boundary. The designated area must be agreed formally with the Local Planning Authority (LPA).
Supporting Evidence
When defining policies it will be necessary to provide the evidence to justify the policy and demonstrate to the examiner that the policy is necessary. The evidence may be embodied within the NP or provided as separate documents. For example if a policy defining local green spaces that are protected from development is included, there are limited acceptable reasons for selecting a local green space, eg recreational use, heritage protection or environmental protection, so it will be necessary to set out the reasons for the protection for each of the green spaces selected. These evidence documents must be provided to the examiner to support the NP.
Reg 14 Consultation
Once the draft NP has been prepared and accepted by the qualifying body, ie the Town or Parish Council, then a formal consultation must be held. This has to last for six weeks and be open to residents, a number of statutory consultees and anyone else who wishes to comment, including landowners and developers. At the end of the consultation, a Consultation Report must be produced which describes all of the consultation that has taken place during the preparation of the NP and specifically includes responses to every response received rom the consultation. The responses have to indicate whether the NP has been amended as a result of the comment, if it is relevant or if not, why the NP has not been changed.
Submission
There are other formal documents that have to be produced:
- Basic Conditions Statement (BCS) – setting out how the policies in the NP meet the objectives and comply with the basic conditions set out above, compliance with the Local Plan NPPF and legislation.
- A Strategic Environmental Assessment (SEA) may also be needed if the designated area contains any environmentally sensitive areas. The LPA will advise if a SEA is required.
Reg 16 Consultation
The LPA then hold another six week consultation to the same statutory consultees and public.
Examination
LPA will appoint an examiner, usually offering a choice of examiners to the qualifying body.
The NP associated documents and the results of the last consultation are submitted to the examiner, who may respond with supplementary questions via the LPA.
The examiner’s report often includes requirements for changes to the wording of, particularly, policies to make them acceptable and will conclude with a decision whether the NP, subject to those changes, is fit to go to referendum or not.
Referendum
The qualifying body must make the appropriate changes and agree with the LPA that the changes have been completed satisfactorily. The LPA will then organise the referendum which must receive a simple majority.
The qualifying body (and the SG as a group acting on behalf of the qualifying body) may communicate with residents to encourage them to vote but cannot be seen to directly influence the voting by recommending a yes vote.
If the referendum achieves a majority yes vote, then the LPA will vote in Council to “make” the NP, ie formally adopt it.
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