In addition to the development plan document, the local authority must submit one paper and one electronic copy of all documents and information specified. This includes relevant supporting documents to the Secretary of State for examination.
The local authority must produce a summary of the main issues raised by the representations received at both Regulation 25 and Regulation 27 stages, and for the former, how these representations have been taken into account. Any issues raised by representations that go to the heart of the soundness of the plan should come to light during this summation process. Refer to the changes to the plan after publication section for further details.
The Planning Inspectorate have published an advisory note on the submission procedure:
' Development plan document examination procedural advisory notes (August 2009)' (PDF file, 9 pages)
What to submit
Once the representations have been summarised, all specific documentation and information should be submitted to the Secretary of State with the representations that have been received in addition to the development plan document. The specified documents include:
- the draft development plan document
- the sustainability appraisal report
- the submission proposals map if the adoption of the development plan document would result in changes to the proposals map
- the statement of community involvement where adopted
- a statement (relating to Regulations 25 or 26) setting out:
- who was invited to make representations
- how they were invited
- a summary of the main issues raised by any representations received
- how any representations have been taken into account
- a statement (relating to Regulation 28) setting out:
- a summary of the number of representations received
- a summary of the main issues raised by any representations received
- Regulation 28 representations
- all supporting documents the authority considered relevant to the production of the development plan document.
There is no longer a requirement to produce and send four paper copies of the documents. Only one paper and one electronic copy of the documents and statements are required. The representations and supporting documents need only be submitted electronically if practicable.
How to submit
As soon as practicable, after the local authority has submitted the documents as set out in the what to submit section above, it must take the following actions.
Notification
The local authority must:
- make a copy of each of the specified documents above and make these available during normal office hours. This should be done at the same places that the proposed submission documents were made available. (under Regulation 27)
- notify those people who requested to be notified of the submission of the plan that it has been submitted.
Website
The local authority's website should display a copy of:
- the sustainability appraisal report
- the submission proposals map if the adoption of the development plan document would result in changes to the proposals map
- the statement relating to Regulation 25 (see what to submit section above)
- the statement relating to Regulation 28 (see what to submit section above)
- the representations and supporting documents if practicable
- a statement setting out where and when the specified documents (above) are available for inspection.
Local advertising
The local authority should set out in a local newspaper (circulating in the whole of area of the local planning authority on a least one occasion):
- the title of the development plan document
- the subject and the area covered by the development plan document
- that a copy of the plan and each of the specified documents are available for inspection
- a statement advertising the documents availability and setting out where and when the submission documents are available for inspection and the times and places they are available.
Notifying specific consultation bodies
The local authority must send each of the specific consultation bodies invited to make representations under Regulations 25 and 26:
- a copy of the plan and each of the specified documents except for copies of the representations and supporting documents that should only be sent where the local authority considers it relevant to the body
- a statement advertising the availability and setting out where and when the specified documents are available for inspection.
Notifying general consultation bodies
The local authority must notify each of the general consultation bodies who were invited to make representations under Regulations 25 and 26 that copies of the specified documents are available for inspection and the times and places they are available.
Considering representations (Regulation 31)
The inspector must consider the representations received on the development plan document before complying with Section 20(7) of The Planning and Compulsory Purchase Act 2004 (PCPA 2004) which requires the Section 20(7), which requires the inspector to make, and give reasons for, their recommendations.