Key questions to answer in the official ‘representation’

October 25, 2013 by Dave Craggs

Updated 28/10/2013 – Whichever form your representation takes, you must link all your points to the below questions of legal compliance and soundness.

For the Local Plan to be considered legally compliant, the following needs to be determined:

Whether the Local Plan is detailed in the current Local Development Scheme (LDS) and that the key stages have been followed.
That community involvement has been carried out in accordance with the current Statement of Community Involvement (SCI).
Whether the Local Plan makes satisfactory regard to the Sustainable Community Strategy (SCS).
That the Local Plan complies with the Planning and Compulsory Purchase Act 2004 (as amended).
That the Local Plan complies with the Town and Country Planning (Local Planning) (England) Regulations 2012.
That a Sustainability Appraisal Report (SA) is published to accompany the Local Plan and is adequate.
That the Habitats Regulations Assessment (HRA) is carried out in accordance with the Conservation of Habitats and Species Regulations (The Habitats Regulations) 2010.
That the Local Plan has regard to national planning policy.
That Section 110 of the Localism Act 2011 (Duty to Co-operate) has been complied with.

Paragraph 182 of the National Planning Policy Framework sets out the considerations in relation to a plan being considered ‘sound’.

Positively prepared – the plan should be prepared based on a strategy which seeks to meet objectively assessed development and infrastructure requirements, including unmet requirements from neighbouring authorities where it is reasonable to do so and consistent with achieving sustainable development;
Justified – the plan should be the most appropriate strategy, when considered against the reasonable alternatives, based on proportionate evidence;
Effective – the plan should be deliverable over its period and based on effective joint working on cross-boundary strategic priorities;
Consistent with national policy – the plan should enable the delivery of sustainable development in accordance with the policies in the NPPF.