A presentation given at a Planning Advisory Service event on Neighbourhood Planning.

1. PAS Neighbourhood Planning Workshop 2015

2.  background
 neighbourhood planning is becoming well
established – widespread engagement, court
cases, ministerial decisions

3.  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

4.  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

5.  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

7.  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

8.  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

9.  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

11.  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

12.  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

13.  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

14.  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

15.  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

16. ?

17.  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

18.  Chris Collison
 Planning and Management Ltd
 collisonchris@aol.com
 01773 853450
 uk.linkedin.com/pub/chris-collison/14/289/6aa
 Paul Taylor
 NPIERS Product Manager
 ptaylor@rics.org
 02076 951735