Response Form for The Draft South London Waste Plan Consultation

Closes 22 Oct 2020

Guidance Notes

The draft South London Waste Plan is published in order for representations to be made prior to submission to the Government. The representations will be considered alongside the published plan when submitted, which will be examined by a planning inspector. The Planning and Compulsory Purchase Act 2004 (as amended) states that the purpose of the examination is to consider whether the Plan complies with the legal requirements, the duty to co-operate and is sound.

Legal Compliance 

The Inspector will first check that the plan meets the legal requirements under s20 (5) (a) and the duty to co-operate under s20 (5) (c) of the Planning and Compulsory Purchase Act 2004 before moving on to test for soundness. You should consider the following before making a representation on legal compliance: 

  • The plan should be included in each council’s current Local Development Scheme (LDS) and the key stages should have been followed. The LDS is effectively a programme of work prepared by the councils, setting out the Local Development Documents it proposes to produce. It will set out the key stages in the production of any plans which the council proposes to bring forward for independent examination. If the plan is not in the current LDS it should not have been published for representations. The LDS should be on the council’s website and available at its main offices.
  • The process of community involvement for the plan should be in general accordance with each council’s Statement of Community Involvement (SCI).An SCI sets out the council’s strategy for involving the community in the preparation and revision of planning documents and the consideration of planning applications. 
  • The plan should comply with the Town and County Planning (Local Planning) (England) Regulations 2012 (the Regulations) No: 2012/767. On publication, the councils must publish the documents prescribed in the Regulations, and make them available at its principal offices, provided social gathering guidance allow for principal offices to be open, and on the website. The councils must also notify the Local Plan bodies (as set out in the Regulations) and any persons who have requested to be notified. 
  • The councils are required to provide a Sustainability Appraisal Report when it publishes a plan. This should identify the process by which the Sustainability Appraisal has been carried out, and the baseline information used to inform the process and the outcomes of that process. Sustainability Appraisal is a tool for appraising policies to ensure they reflect social, environmental, and economic factors. 
  • In London, the Plan should be in general conformity with the London Plan (the Spatial Development Strategy). 

 

Soundness 

Soundness is explained in paragraph 35 of the National Planning Policy Framework (NPPF). The Inspector has to be satisfied that the plan is positively prepared, justified, effective and consistent with national policy. 

Positively preparedproviding a strategy which, as a minimum, seeks to meet the area’s objectively assessed needs19; and is informed by agreements with other authorities, so that unmet need from neighbouring areas is accommodated where it is practical to do so and is consistent with achieving sustainable development;

Justifiedan appropriate strategy, taking into account the reasonable alternatives, and based on proportionate evidence;

Effectivedeliverable over the plan period, and based on effective joint working on cross-boundary strategic matters that have been dealt with rather than deferred, as evidenced by the statement of common ground; and

Consistent with national policyenabling the delivery of sustainable development in accordance with the policies in the NPPF.

If you think the content of the Plan is not sound because it does not include a policy where it should do, you should go through the following steps before making representations: 

  • Is the issue with which you are concerned already covered specifically by national planning policy (or the London Plan)? If so, it does not need to be included. 
  • Is what you are concerned with covered by any other policies in the plan on which you are seeking to make representations or in any other plan? 
  • If the policy is not covered elsewhere, in what way is the plan unsound without the policy? 
  • If the plan is unsound without the policy, what should the policy say?

 

Duty to Cooperate 

The duty to cooperate came into force in November 2011 and any plan submitted for examination on or after this date will be examined for compliance. Councils will be expected to provide evidence of how they have complied with any requirements arising from the duty. Non-compliance with the duty to co-operate cannot be rectified after the submission of the plan. Therefore the Inspector has no power to recommend modifications in this regard. Where the duty has not been complied with, the Inspector has no choice but to recommend non-adoption of the plan. 

 

General advice 

If you wish to make a representation seeking a modification to a plan or part of a plan you should make clear in what way the plan or part of the plan is not sound having regard to the legal compliance, duty to cooperate and the four requirements set out above. You should try to support your representation by evidence showing why the plan should be modified. It will be helpful if you also say precisely how you think the plan should be modified. 

Representations should cover succinctly all the information, evidence and supporting information necessary to support/justify the representation and the suggested modification, as there will not normally be a subsequent opportunity to make further submissions based on the original representation made at publication. After this stage, further submissions will be only at the request of the Inspector, based on the matters and issues he/she identifies for examination. 

Where there are groups who share a common view on how they wish to see a plan modified, it would be very helpful for that group to send a single representation which represents the view, rather than for a large number of individuals to send in separate representations which repeat the same points. In such cases the group should indicate how many people it is representing and how the representation has been authorised.