The Plan Making Process
1.8 There are a number of stages set out in legislation that the Replacement Plan must pass through before it can be adopted. These stages provide opportunities for people that are affected by the Policies and Proposals in the Plan to make representations and have these considered by the Council. Any objector who raises matters that are not resolved between the Council and themselves has the right to have their concerns considered by an independent planning inspector appointed by the Government.
1.9 The process has changed since the last UDP was adopted and therefore the stages that the Replacement UDP passed through are set out here for information:-
Pre-Deposit Consultation
This consultation was undertaken in Summer 2000 and gave people an opportunity to comment upon the issues that should be addressed within the UDP review. Many of the comments received related to specific pieces of land and suggestions that they be considered for development purposes.
First Deposit
This was the first formal opportunity for the public to make written comments upon the draft Replacement UDP. Formal objections were made during this deposit period, which ran between 1 November 2002 and 12 December 2002;
Second Deposit
Having received the representations, the Council considered each comment and made changes to the draft Plan. A Revised Deposit Draft was published on 26 March 2004, with the deposit period lasting until 6 May 2004 . Further formal written objections to these changes were received during this Second Deposit stage, but only comments relating to the Revised Deposit and the changes contained within it were accepted.
Pre-Inquiry Changes
Pre-Inquiry Changes to the Draft Replacement UDP were published on 5 November 2004 with the consultation period lasting until 16 December 2004. Any of the proposed Pre-Inquiry Changes, which the Inspector found to be acceptable, would need to be incorporated into the Replacement Plan through the formal Modifications process following the Public Inquiry.
Public Local Inquiry
All objections that were not unconditionally withdrawn were considered by Mrs D Burrows DipTP MRTPI, the Inspector appointed by the First Secretary of State to hold an Inquiry into the objections to the Draft Replacement UDP. The Inquiry opened on 1 February 2005 and closed on 28 June 2005, with the last formal hearing day being 26 May 2005
Inspector’s Report
The Inspector's Report into the Inquiry was issued by the Planning Inspectorate on 9 March 2006. The Council made it available for inspection very quickly after this date both through hard copy and within its website. The Report contained recommendations about every objection made to the Plan, and the Council had to consider each of the Recommendations.
Modifications
The Council considered whether to accept the Inspector’s recommendations or to reject them. The Council has to have very good reasons to justify its rejection of any of the Inspector’s recommendations. The Council published Modifications to the Plan which took account of the changes arising from the Inspector’s Report and its decisions on the recommendations on 5 May 2006. The formal deposit period for the receipt of objections and comments upon the Modifications or Decisions not to accept a Recommendation made by the Inspector closed on 16 June 2006.
Adoption
Comments received on the Modifications were considered by the Council and it was determined to proceed to Adoption of the Replacement Plan without further modifications or holding a second inquiry. This Resolution was made by Full Council on 19 June 2006. The formal Notice of Intention to Adopt the Replacement Plan was issued on 21 June 2006, and the Replacement Plan formally came into effect on 25 August 2006 with the publication of the Adoption Notice. Following the Adoption there was a six week period during which formal legal challenge to the Plan could be made to the High Court.
