This is my high level analysis and as a starting point for our discussions, actions, publications and correspondence with council representatives. We could raise this with Kate on Saturday?
Note this page is not visible to the public.
I’m using it as a means of easy communications to the working group.
Question:
Can a local UK council resubmit their local plan even though it was defeated at a full council meeting.
Answer:
Yes, a local council in the UK can resubmit its Local Plan even if it has been defeated at a full council meeting, but there are some considerations and steps involved: These consideration and Steps are provided from the following sources (to open the source click on the name) :
Local planning regulations consultation
GP14 – Examination of Development Plan Documents in Local Development Frameworks
Procedure Guide for Local Plan Examinations
1. Review and Amend the Plan
- After a defeat, the council may review the reasons for its rejection and amend the Local Plan to address concerns raised during the debate. This could involve revisiting evidence, consulting with stakeholders, or revising specific policies.
2. Council Procedures
- For a resubmission, the plan would need to go through the council’s internal processes again, which may include scrutiny by committees, consultation, or public engagement.
- If significant changes are made, the plan might need to be republished for consultation under the National Planning Policy Framework (NPPF) requirements.
3. Legal and Procedural Compliance
- The council must ensure that the resubmission complies with legal and procedural rules. For example, a defeated Local Plan cannot simply be reintroduced without addressing the substantive reasons for its rejection.
- They must also adhere to rules about council meeting procedures, such as rules about reconsidering decisions (e.g., “six-month rules” in some councils preventing revisiting decisions unless circumstances change).
4. External Oversight
- If delays occur due to repeated defeats, the Secretary of State for Levelling Up, Housing and Communities may intervene, as councils have a statutory duty to prepare and adopt a Local Plan.
5. Consultation and Examination
- Even if a Local Plan is resubmitted and approved by the council, it must go through further stages, including public consultation and independent examination by the Planning Inspectorate.
Considerations
If a council resubmits a plan too similar to the defeated version without addressing key concerns, it risks facing further opposition or failure. Clear engagement with councillors, stakeholders, and the community is crucial to ensure support for the resubmitted plan.
A further breakdown of the key aspects involved in resubmitting a Local Plan that has been defeated at a full council meeting:
1. Addressing Reasons for Rejection
- Identify Issues: Analyse the reasons why the Local Plan was rejected during the council meeting. Was it due to concerns over housing numbers, environmental impact, infrastructure, or public opposition?
- Engage with Stakeholders: Collaborate with councillors, community groups, and other stakeholders to understand their concerns and suggestions.
- Revise the Plan: Make targeted amendments to policies, evidence bases, or site allocations that directly address the reasons for rejection.
- Expert Advice: Consider commissioning new technical studies or reports to strengthen areas where the plan was deemed weak (e.g., traffic studies, environmental impact assessments).
2. Legal and Procedural Steps
- Check Council Standing Orders: Local authorities have procedural rules that may govern how and when defeated proposals can be revisited (e.g., a “six-month rule” requiring substantial changes before reconsideration).
- Resubmit Through Committees: The revised Local Plan will often need to go back through the council’s committees, such as the Local Plan Committee or Planning Committee, before reaching the full council.
- Demonstrate Compliance with NPPF: Ensure the plan aligns with the National Planning Policy Framework (NPPF) and local planning regulations. A lack of compliance could lead to further challenges or rejection by the Planning Inspectorate.
3. Community Consultation and Engagement
- Effective Communication: Clearly explain the changes made to the plan and how they address previous concerns.
- Public Consultation: If significant changes are made, a new round of public consultation is likely required under the Town and Country Planning (Local Planning) (England) Regulations 2012. Ensure this process is well-publicized and inclusive.
- Community Workshops: Host forums or workshops to gather feedback and foster community support.
- Transparency: Share evidence and reasoning for decisions openly to build trust and reduce opposition.
4. Planning Inspectorate Review (this has not happened)
- After council approval, the Local Plan must be submitted to the Planning Inspectorate for independent examination.
- The Inspectorate will assess:
- Soundness: Is the plan justified, effective, consistent with national policy, and positively prepared?
- Legal Compliance: Has the plan followed the correct procedural steps, including consultation and assessments like the Sustainability Appraisal?
- Duty to Cooperate: Has the council worked effectively with neighboring authorities and stakeholders?
- Addressing Concerns Early: Engage with the Inspectorate informally during the drafting process (often called a “health check”) to pre-empt issues.
5. Additional Considerations
- Timeline Pressures: Delays in adopting a Local Plan can leave the council vulnerable to speculative development applications and potential intervention by the Secretary of State.
- Strategic Partnerships: Work with neighbouring councils, infrastructure providers, and other agencies to present a cohesive and supported vision.
- Public Perception Management: Demonstrate how the Local Plan aligns with broader objectives like economic growth, sustainability, and housing needs to gain public and political support.
Summary of Actions
- Review and revise: Address the reasons for rejection with evidence-based amendments.
- Engage with stakeholders: Build consensus among councillors, residents, and businesses.
- Follow legal procedures: Resubmit the plan through proper council channels and ensure compliance with regulations.
- Prepare for examination: Submit a robust and well-supported plan to the Planning Inspectorate.
- Communicate transparently: Keep the community informed and involved throughout.