Future proof event presentation event feb 2022 v2

Feb 2022 local.gov.uk/pas
Welcome!
Future Proofing the
Plan-Making Process
Martin Hutchings & Shelly Rouse

local.gov.uk/pas
Today
What do we mean –
“future-proof the
plan making process”?
Focus for today:
Presentation, Q & A,
Debate
Agenda:
• Welcome/Background
• PAS Support
• Evidence bases – Mary Elkington
• Duty to Cooperate – Andrew Seaman
• Project Management – Nicki Faulkner
• Panel Q & A - what’s next for Plan making?

local.gov.uk/pas
Gather
Evidence
Consider
Issues &
Options
Consultation
(Reg 18)
Review
Comments
Representati
on (Reg 19)
Examination
in Public
Adopted
Local Plan
PAS Gateway Review 2021
Submission
(Reg 22)
LDS
Path
to 2023
?
?
?
?
?
?
?
?
In March 2020, the Government set a clear deadline of December 2023
for all authorities to have up-to-date Local Plans in place. WMS Chris Pincher 19th Jan 2021

local.gov.uk/pas
Gather
Evidence
Consider
Issues &
Options
Consultat
ion (Reg
18)
Review
Comment
s
Represen
tation
(Reg 19)
Examinat
ion in
Public
Adopted
Local
Plan
Future Proofing (Part 1)
Submis
sion
(Reg 22)
‘Up to Date’ ‘In Place’
Project
Management
Evidence
Base
Duty to
Cooperate

local.gov.uk/pas
Planning Reform - The ‘Known Unknowns’:
Neighbourhood Plans
Future Proofing (Part 2)

local.gov.uk/pas
Evidence
Base
Mary Elkington, Figura Planning

Future
Proofing
the
Plan
Making
Process
|
Jan
2022
INTRODUCTION
Figura Planning Ltd
“Our aim as a consultancy is to support
policies and developments that deliver in the public interest”
Plan Making IS in the Public Interest.
Evidence review team
Simon Thornley & Mary Elkington with our associate John Baker (Point
Consultancy)
We ❤ plans. Embrace and share the excitement.
For a policy team getting to and through examination should be
the best, the most exciting thing about the job.
For elected members having it done takes away
a lot of uncertainty & gives them political cover
mary.elkington@figuraplanning.co.uk

Future
Proofing
the
Plan
Making
Process
|
Jan
2022
APPROACH TO EVIDENCE REVIEWS
Preparation
 Reviewed various toolkits and checklists
 Cross-referenced with dozens of recent sound LP evidence bases
 Reviewed MIQs and outcomes from recent exams to highlight evidence issues
Assessment
 Specifics of review depends on stage of plan making
 Reviewing organised via a matrix of required and optional evidence
 Detailed review of each document
Report: Gaps Unnecessary evidence Quality Issues
Timeliness/Need for
updates
Consistency with
emerging plan
Consistency between
evidence
ACTION PLAN or RECOMMENDATIONS
Future Proofing the Plan Making Process

Future
Proofing
the
Plan
Making
Process
|
Jan
2022
Housing
Overall housing need calculation
HMNA: Segmentation/profile
Allocation Strategy
Site Availability – Land Availability Assessment
Brownfield / Urban Capacity
Housing targets - identified Neighbourhood Areas
Small housing sites evidence
Infrastructure and Transport
Infrastructure Delivery Plan
Transport Assessments – Scenario Testing
Local Transport Plan
Education infrastructure capacity
Medical infrastructure capacity
Drainage, Water, Flooding
SFRA
Water Cycle Study
Coastal (if coastal LPA)
Economy
Local Business Needs
Economic Development Needs Assessment
Economic/Business/Employment Land Assessments
Retail, Leisure and town centre uses needs assessment
Town Centre Hierarchy & Town Centre Assessments.
Primary shopping area & other town centre policies
Other Topics
Renewables/Carbon/Climate
Heritage
Biodiversity
Air Quality
GI/Open Space/Sport-Recreation
Hazardous Substances
Site Specific Evidence
Noise and pollution
Overarching /legal requirements
Duty to cooperate
Sustainability Appraisal
Appropriate Assessment (HRA)
Public Sector Equalities Duty
Strategic Objectives
Spatial Strategy
Plan Period Land Supply Trajectory
Five year housing land supply
Plan Viability
Large Allocations
Parameters Plan
Viability/deliverability
Key policy requirements

Future
Proofing
the
Plan
Making
Process
|
Jan
2022
Housing
Allocation Strategy
Site / Land Availability Assessment
Housing targets - Neighbourhood Areas
SFRA
Water Cycle Study
Economy
Other Topics
Heritage
Biodiversity
Air Quality
Noise and pollution
Duty to cooperate
Spatial Strategy
Plan Viability
Large Allocations
Parameters Plan
62. …the size, type and tenure of housing
needed for different groups in the community
should be assessed and reflected in
planning policies (including… affordable
housing, families with children, older people,
students, people with disabilities, service
families, travellers, people who rent homes
and people wishing to commission or build
their own homes

Future
Proofing
the
Plan
Making
Process
|
Jan
2022
Housing
Allocation Strategy
Drainage, Water, Flood
SFRA
Water Cycle Study
Economy
Other Topics
Heritage
Biodiversity
Air Quality
Noise and pollution
Duty to cooperate
Spatial Strategy
Plan Viability
Large Allocations
Parameters Plan
policy requirements
Chapter 8 of NPPF is your friend:
Mixed-use, accessibility &
transport; community facilities etc

Future
Proofing
the
Plan
Making
Process
|
Jan
2022
Housing
Allocation Strategy
SFRA
Water Cycle Study
Economy
Other Topics
Heritage
Biodiversity
Air Quality
Noise and pollution
Duty to cooperate
Spatial Strategy
Plan Viability
Large Allocations
Parameters Plan

Future
Proofing
the
Plan
Making
Process
|
Jan
2022
GENERAL INSIGHTS: TIMELINESS
Don’t blow the budget too early
 Reg 18s flexible & light touch evidence can be fine at reg 18 as long as you get the
critical things out front (strategic objectives, greenbelt, water (WCS Scope), Initial
HRA, approach to allocations…)
 plan viability does not have to be in place at Reg 18 unless DM detail is at heart of
strategy
Reg 18: focus on evidence which drives the spatial strategy
Reg 19: legal requirements, key policy evidence, targeted
evidence to respond to issues raised at Reg 18
Getting the briefs right
 Consider the detail you need and how you will be relying on it
 Are there topics or areas you can exclude from the study?

Future
Proofing
the
Plan
Making
Process
|
Jan
2022
GENERAL INSIGHTS: ROBUSTNESS
Ignoring greenbelt not a strategy
 if political decision is you won’t touch GB, you still
need to
 assess whether exceptional circs apply (need
land supply & Duty 2 Coop principles established)
 consider the 5 purposes of GB
 document the decision rationale
Issues with LAAs
 Conflating SEA with SHELAA assessments
 Passive call for sites – are you passively letting
landowners drive or are you actively reaching out
in areas less constrained or optimal for transport
 NPPG “suitability” does not mean POLICY ON is a starting place
Make sure definitions stack up & are clear in policies; what do you mean by
“large site” vs “strategic site” and aim for consistency across evidence

Future
Proofing
the
Plan
Making
Process
|
Jan
2022
FUTURE PROOFING…
Keep an eye on Inspectors' comments & other exams (PINS link)
Read the inspectors reports from other LPAs
Read MIQs from similar councils
Remember, embrace plan making ❤!
Evidence:
a) Briefs should address specific questions: don’t just commission because
you need a ___ report.
b) Flexible to account for emerging strategies and guidance & timetable
changes
c) Keep overlap to a minimum
d) Clarify any inconsistencies
e) Don’t fear addenda and further evidence – if needed you can produce

Future
Proofing
the
Plan
Making
Process
|
Jan
2022
HORIZON
Decarbonisation
 Pace of change in energy decarbonisation technology is far faster than local plan
timescales. (eg EV charging) : consider flexible wording:
“utilise the most energy and water efficient
technologies to achieve zero carbon” …Manchester Joint Local Plan
BNG
 Ensure strategy in place for strategic sites (esp
Nitrate areas)
 Ensure approach doesn’t disadvantage SMEs
 Will be Factor in: SA/AA/SFRA/WCS/LAA/Viability
Mystic Mary’s Bonus 🔮
 Census 2021 – prepare to educate (objectors,
councillors…) “snapshot in time”
 Agriculture likely to step up agenda
(cf BNG, changes to agri support)
 Devo-levelling shifting discussions on duty to cooperate/strategic plans?

local.gov.uk/pas
Duty to
Cooperate
Andrew Seaman, Intelligent Plans & Examinations (IPE)

Duty to Cooperate
18
• Andrew Seaman
• Lead Advisor – Intelligent Plans and
Examinations

PAS, IPE and the Duty
• IPE Ltd is a development plan based consultancy comprised of experienced
professionals, specifically with examination experience with the Planning
Inspectorate. We offer tailored support and training to local authorities in their
plan making endeavours.
• IPE has been pleased to work with the Planning Advisory Service for many
years in supplying expertise to local authorities on particular aspects of plan
making, including peer review, evidence requirements and the duty to
cooperate.
• IPE and PAS have been working in tandem during 2021 to provide specific
review, advice and support to identified local authorities who anticipate that
discharging the Duty to Cooperate is a risk factor in the production of their
plan.
www.intelligentplans.co.uk 19

The Duty
• S33A Planning and Compulsory Purchase Act 2004
Plan making authorities must cooperate with each other/prescribed bodies upon strategic
matters; in particular they must engage constructively, actively and on an ongoing basis
…
• NPPF (in particular paragraphs 24-27)
Effective and on-going joint working between strategic policy-making authorities and relevant bodies is
integral to the production of a positively prepared and justified strategy
• PPG (ID 61-009-20190315 et al)
Strategic policy-making authorities are required to cooperate with each other, and other bodies, when
preparing, or supporting the preparation of policies which address strategic matters … these authorities
should produce, maintain, and update one or more statement(s) of common ground, throughout the
plan-making process.

The Duty
The DtC can be considered as comprising two interlinked strands:
• Process : the practical means by which S33A has been addressed including the
identification of strategic matters, the relevant prescribed bodies, the
engagement activities etc
• Outcomes : the specific plan making provisions which arise from the process of
cooperation. For example agreement on housing land supply to meet
requirements, infrastructure needs etc

The Duty at Examination
• Discharge of the DtC underpins the delivery of sustainable development (see
S33A(4)
• The DtC is a critical matter at Examination. Failure to demonstrate how the
DtC has been applied to the plan making process is a failure of legal
compliance.
The duty to co-operate must be fulfilled when preparing the plan and any failure
in this regard cannot be rectified after the plan has been submitted for
examination. (Planning Inspectorate Procedural Guide)

The Duty at Examination
• Before submission, the LPA must do all it can to resolve any substantive concerns about
the soundness or legal compliance of the plan, including any raised by statutory
undertakers and government agencies. Particular attention should be given to the duty
to cooperate. Statements of Common Ground can be very helpful in this regard.
• In order to demonstrate compliance with the duty to co-operate … the most helpful
approach is for the LPA to submit a statement of compliance with the duty. The
statement of compliance should identify any relevant strategic matters and how they
have been resolved – or if they have not, why not. It should detail who the LPA has co-
operated with and on which strategic matter(s), the nature and timing of the co-
operation (e.g. by including meeting notes), and the outcomes of the co-operation,
including how it has influenced the plan.

The Duty in Preparation (process)
• Consider the DtC at the inception of the plan making process
Identify
Strategic
Matters
Identify
Prescribed
Bodies
Review liaison/
collaboration
mechanisms
Establish
MoU
Active
liaison
SoCG
Plan Preparation
Compliance
Statement

The Duty in Preparation (process)
• Consider a project plan to address the DtC in plan making

The Duty (process and outcomes)
• Maintain evidence. Audit trail of activities and outcomes (linked to phases of
plan preparation eg Issues/Options, Reg 18, Reg 19, submission).
• keep a clear audit trail of meetings, their outcomes, and decisions
made
• get decisions in writing from other authorities/bodies
• clarify/confirm understanding/ intentions in writing
• Memoranda of Understanding
• Statement(s) of Common Ground (including disagreements)
• Duty to Cooperate Compliance Statement

The Duty (outcomes)
• Failure to agree.
• Not an indicator of legal compliance failure
• Will likely be a priority issue of examination into ‘soundness’
• Risk mitigation should be considered
• Examine the evidential reasons for disagreements arising
• Consider and document options to address (eg MoU, LDS, further joint
working)
Examples of ‘failure’: St Albans DC, Wealden DC, Sevenoaks BC

The Duty and Planning Reform
• White Paper – Planning for the Future 2020
The Duty to Cooperate test would be removed (… further consideration will be given to the way
in which strategic cross-boundary issues…including the scale at which plans are best prepared in
areas with significant strategic challenges)
 No details of any alternative and no updates on consultation outcomes on the proposition –
industry suggestions of strategic planning advisory bodies, devolution to larger authorities/
joint plan making, greater number of combined authorities etc
• Commentary
 Regardless of the proposition, the White Paper maintains reference to the need for strategic
planning on cross boundary issues; no subsequent suggestion of a fundamental alternative
 No reason to suspend plan making in the absence of clarity on future strategic plan making;
 Liaison on strategic matters will remain a key consideration regardless of statutory process.

Thank you for listening.
Reference sources:
Planning and Compulsory Purchase Act 2004
NPPF – see Plan Making
PPG – see specific sections on cooperation
PAS – Doing your Duty Practice Update (2014)
Planning Inspectorate Procedural Guide for Local Plan Examinations (Oct 2021)
Planning for the Future White Paper August 2020

local.gov.uk/pas
Project
Management
Nicki Faulkner, DAC Planning

PAS Project
Management
Support
Future Proofing the Plan Making Process –
27 January 2022

Project Team
DAC Planning provides support to local authorities and
local communities in planning for a sustainable future.
Key services include:
• Support for Local Plan and Neighbourhood Plan
production;
• Infrastructure planning;
• Project management;
• Coordination and facilitation of complex strategic
growth plans;
• Capacity building;
• Research and evidence base gathering; and
• Facilitation of community and stakeholder
engagement.
Arup is a multi-disciplinary practice that offers planning
related consultancy skills and services across the
country. We have a strong track record of working in
partnership with local authorities including:
• Supporting Local Plan production;
• Project management;
• Strategic growth plans and site assessments
particularly in the context of Green Belt;
• Infrastructure planning;
• Capacity building; and
• Governance and delivery advice.

Project
Background
• Follow-on support from Gateway Reviews which DAC
Planning/Arup undertook on behalf of PAS
• Provide assessment of the suitability and effectiveness of a
Council’s project plan, the LDS and available resources and
identify any risks and potential efficiencies for effective
production and delivery of the Local Plan
• So far, completed support for 15 local authorities across the
country with support on-going for 3 more
• Broad approach:
• Inception meeting;
• Desk-based review of documentation and project plan;
• Workshop session(s) with officers to discuss key risks; and
• Production of an advice note.
• Approach flexed to meet specific needs of each Council e.g.
additional workshops to work through project plan template
• Advice note highlights key risks and provides suggested mitigation
and recommendations, including areas for further support (from
PAS or others)
PAS Project Management Support

Key Risks
Identified
Achievability
of project
plan
Approach
to DtC
Volume of
consultation
responses to
analyse
Lack of (or
out-of-
date)
project plan
Managing
changes in
personnel
Time spent
resolving
objections
Time
pressures
beyond the
Local Plan
Linkages
between
elements of
plan
production
Assumptions
around time
needed for
examination
Challenges
with
governance
and Member
engagement

• Scoping is a key stage to:
• Inform Project Initiation Document and
project plan
• Identify key risks and how they can be
managed
• Value in undertaking this at outset of Local
Plan and/or if there is a significant change in
circumstances
• Take a holistic approach to project scoping
• Look beyond evidence base production
to consider the Duty to Cooperate,
Governance arrangements, Member
engagement, consultation and
engagement
• Consider using Local Plan Route Mapper
and Toolkit
• Use outputs from scoping to secure
corporate buy-in, articulate challenges and
manage risks to plan-making
Scope the Local Plan
1
Lessons
Learnt

Lessons
Learnt
• Importance of having a project plan!
• Live document to actively manage Plan production:
• Identify key milestones
• Produce high level and detailed plans
• Assess resources
• To be a useful tool, it needs to be realistic:
• Consider all facets of plan-making – not just evidence base
– and other tasks (AMR etc)
• Estimate time requirements for key tasks and map against
team resources/available budget
• Articulate interdependencies between different elements
• Build in contingency time and expect the unexpected
• Include governance and other lead-in times
• Use it to help manage expectations and articulate priorities
Use a Project Plan
2

• Significant issue across many authorities we spoke to!
• Be realistic and creative about approach to resourcing
• Understand resourcing peaks in preparing the Plan e.g. in
the lead-up to, and following consultation
• Think about what roles really need a policy officer and where
you can draw on wider planning or other expertise
• Consider options to boost capacity
• Prioritisation of tasks within policy team
• Wider resources within the Council
• Secondments
• Neighbouring authorities and county councils –
particularly for specialist resources
• Potential to outsource resource intensive tasks
Be Creative with Resources
3
Lessons
Learnt

• Don’t be afraid to challenge the norm and consider new
ways of doing things
• Key areas where this could reap significant benefits included:
• Streamlining governance arrangements/lead-in times
• Accelerating procurement timetable/required steps
• Reducing the length and/or number of consultation
periods (including updating the SCI)
• Manage political pressures and expectations –using the
PID/project plan/Route Mapper and Toolkit can help to
evidence value of an alternative approach
• Having a second opinion from a critical friend (including from
PAS) can be valuable and support decision making around
key risks, alternative approaches and opportunities to
streamline workstreams
Be Bold
4
Lessons
Learnt

Conclusion
• Project management is become ever more
important to delivery of sound Local Plans
• Planning White Paper proposes a statutory 30-
month timetable for preparing Local Plans
• Benefits from having a strong project
management system in place:
• Drive the Local Plan forward within a
context of resource constraints using an
evidenced and bold approach, rigorously
scoped out and planned
• Facilitate the transition and adaptation
required in the event of planning reform
Looking to the Future

local.gov.uk/pas
Refreshment
Break

local.gov.uk/pas
Planning Reform - The ‘Known Unknowns’:
Neighbourhood Plans
Panel Q & A / Discussion

local.gov.uk/pas
Thank You
& enjoy the
rest of your
day

Future proof event presentation event feb 2022 v2

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