The Man with a plan says be prepared

October 7 marked the second anniversary of the first new style development plan document to be submitted to the secretary of state for independent examination. The Planning and Compulsory Purchase Act 2004 did away with the old system of local plans and replaced it with development plan documents (DPDs). These are intended to be more concise, focus on local issues rather than repeating national and regional planning policy and involve the community from the outset. By the end of October 120 DPDs will have come before the secretary of state for inspection.

DPDs fall into four groups:

• Core strategy which sets out the long-term spatial vision and the objectives and strategic policies to achieve that vision
• Development control policies which set out how planning applications will be determined
• Site specific allocations which contain allocations of sites for specific or mixed-use development
• Area action plans which provide a framework for areas of change and conservation areas.

The new system requires a different way of thinking and many participants local planning authorities (LPAs), stakeholders and developers have not appreciated the significance of the change in culture. What lessons should the private sector take from the experience of the first two years? Here are six key messages.

Engage in early dialogue

In theory, developers and landowners have up to three separate opportunities to make representations about the plan issues and options stage, preferred options stage and submitted document stage. Make the case for promoting development at the earliest stages. A core strategy issues and options paper will often pose relatively broad questions about the vision and direction of development in an area without appearing to seek specific responses on alternative locations or meaningful options. Submitting details about the scale, mix layout, opportunities and constraints of a site to the LPA at the earliest possible stage is key if the site is to be included in the council’s sustainability appraisal. Leaving it all to the submission stage is strongly discouraged. Effective and regular dialogue with the local planning authority throughout the early stages of the plan preparation process is therefore important.

Contribute to the evidence base at issues and options stage

The LPA is required to back up its policies and strategy with “a full and comprehensive evidence base”. Local communities, stakeholders and commercial interests should be fully involved in the development of this evidence base. Evidence can include proposals, particularly residential and commercial uses which could be implemented during the plan period.

If the council’s planning policy officers are to have the necessary information and evidence to consider all possible options and alternative sites in order to make an informed decision, the private sector must be ready to put forward credible proposals at an early stage. This is vital for large strategic sites at the consultation stages of the core strategy document. While the core strategy will primarily set out the spatial vision and objectives for a local planning area, it should also refer to specific “strategic” sites – those sites which are key to the delivery of the overall strategy. This “front-loading” is a key difference to the previous system of local plans.

Preferred options last chance to advance

This effectively is the final opportunity for developers and landowners to put their site forward for consideration. By the end of the six-week consultation period, the local authority will be able to identify all the known proposals to enable it to revise its sustainability appraisal prior to the submission of the DPD.

An understanding of soundness

The format of representations and comments has changed considerably to the previous system of local plans. DPDs are now judged on their soundness. In essence, soundness means that the plan shows good judgement and can be trusted to deliver. Satisfying the nine tests of soundness set by the government is critical when it is subject to independent examination. The purpose of the examination is to ensure that the plan is sound. A successful examination and the plan will move straight to adoption. Failure to pass the tests of soundness and the LPA has to start from scratch.

Anyone promoting a site will need to show why the plan is unsound without their particular site and the reasons why it would be sound with the site added.

An emphasis on delivery

DPDs should be deliverable. Accordingly, a positive and dynamic delivery approach is fundamental when making representations. Promoting a site through the DPD process therefore must demonstrate that the site is deliverable within the plan period but more importantly, the site will help achieve the vision and spatial strategy of the core strategy.

Appreciating the limits of the inspector

The planning inspector at the examination will not recommend changes in a report which is binding on the council unless he or she can be sure that the plan would not be vulnerable to legal challenge. To make any major change to a submitted plan, the inspector will have to be certain that the change meets all the tests of soundness, doesn’t undermine the sustainability credentials of the plan and meets natural justice. The change would probably need to have been subject to sustainability appraisal and proper community involvement.

If a plan is found to be potentially unsound, therefore, it would seem to be an easier call and possibly a safer bet for the inspector to find the plan unsound rather than try and make the plan sound and run the risk of failing one of the tests referred to above.