Transcript Learning from other Neighbourhood Plan Examinations

Examinations – Top Tips
Andrew Ashcroft
Independent Examiner
Assistant Director – Economic Environment and Cultural
Services, Herefordshire Council
By way of background
• 74 Neighbourhood Parish areas now designated in
Herefordshire
• 134 Parishes – still some way to go…
• Dedicated neighbourhood planning team of three officers
• Independent examination of Much Wenlock Plan
(Shropshire)
• NPIERS member
• Sutton St Nicholas Steering Group member
Strong civic pride
High quality environment
Vibrant Market Town
Widescale community involvement
Low crime rates
Particular environmental issues
Vibrant Steering Group
Learning from other examinations
• A critical mass of experience now
developing on process
• A variety of neighbourhood plans
coming through to examination
• Common themes
• Common approaches taken by
examiners
• Clear learning points
• The process is clearly working
The Basic Conditions
• Designed to be basic
• Get these right at all costs
• Without exception examiners test
Plans against these conditions
• Basic but not restrictive – your
foundation for success
• Examiners have considerable
flexibility to recommend
modifications
• Most modifications are on clarity
and conformity to NPPF
Public Engagement gives confidence
• Examiners check that engagement
has been fully carried out
• They often give positive feedback
• It gives assurance that the Plan is
properly owned
• It gives confidence that the Plan has
been informed by public debate
• It underpins an eventual referendum
Examiners giving a helping hand
• Examiners propose modifications to ensure
that Plans meet the basic conditions
• These modifications have been many and
varied
• Modifications extend to deletion of
policies/allocations
• And do not change content/focus – it remains
your Plan
• Often comment on focus/enthusiasm/vigour
of Plan
• Recognise that you are making the Localism
Act a reality
Top Tips - Appointment
• LPA appoints but with agreement of the QB
• Source an examiner once pre-submission
consultation stage has been reached
• Give as much information as you can on the
application form: are any specialist skills needed?
What are the key issues in the Plan or Order? Site
allocations?
• Be realistic about timing, level of risk etc.
Working with the examiner
• Agree how the LPA, QB and examiner will work
together
• Useful to have one point of contact
• The ‘big box’ of documents
• How long will the examination take? Is there a
deadline to meet?
• How will you keep in touch? How often will you keep
in touch?
• Should there be a site visit?
Dealing with representations
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Send copies to the examiner
A summary sheet is a very helpful addition
Dealing with late reps
‘Ad hoc’ reps
Dealing with the public in general
Reps for or at the hearing
Fairness, openness and transparency
Issues to consider
• How long will the examination take? A hearing will add time
• Be realistic about timing and when to expect the report from
the examiner
• Bear in mind committee cycles and other internal
procedures that will need to be followed once in receipt of
the report
• Does the QB have a date in mind? Has a referendum date
already been suggested?
• Do you want to allow a period for legal challenge?
Bear in mind
• Steep learning curve for everyone – including examiners
• Consistency of approach desirable between plans in your
area
• Each examiner may have a different way of working
• Liaise and keep in touch with the QB
• Don’t underestimate time or resources needed to do it
properly
• Post examination press and publicity
• Process does not stop at examination stage