§ Mr. Franksasked the Secretary of State for the Environment what discretion a local planning authority has to introduce alternative proposals to those contained in its deposited local plan.
§ Mr. TraceyA local planning authority has discretion to introduce alternative proposals to those contained in its deposited local plan before, during or after any public 113W local inquiry. The code of practice says that if this is done before the inquiry and time allows, the planning authority may advertise the changes and its reasons for them and allow a reasonable period for objections and representations. If there is insufficient time to advertise potential changes, the planning authority should still try to give objectors and any third parties a chance to comment on them in the inquiry context. All proposed modifications to a deposited local plan need to be advertised following the planning authority's consideration of the inspector's report.
§ Mr. Franksasked the Secretary of State for the Environment whether local planning authorities are required to make provision for the public to have access to objections to a deposited local plan.
§ Mr. TraceyThe code of practice makes it clear that copies of objections sent to the planning authority should be placed on deposit along with the plan, so that others may know of them. Copies of the plan will have been deposited for inspection at the planning authority's office and other suitable places. The provisions in the Local Government (Access to Information) Act 1985 would also have to be complied with in so far as they are relevant.
§ Mr. Franksasked the Secretary of State for the Environment what discretion the inspector at a local plan public inquiry has to restrict those appearing and giving evidence solely to those who have lodged objections and whose objections have been deemed valid by the programme officer.
§ Mr. TraceyProcedures for public local inquiries into local plans are set out in a booklet, "Local Plans: Public local inquiries—a guide to procedure 1984" published by this Department and the Welsh Office. Anyone whose objections are made in writing and submitted by the specified date has the right to appear at the inquiry. People whose objections are not duly made, for example because they are late, do not have a right to appear, but the planning authority may agree to ask the inspector to hear such objections. The inspector may decide whether to hear late objections, whether or not he has been asked to do so by the planning authority.
§ Mr. Franksasked the Secretary of State for the Environment what was his role in setting the date for the Cartmel and Furness local plan public inquiry.
§ Mr. TraceyThe normal practice is for the local planning authority to ask the Planning Inspectorate to provide an inspector to hold an inquiry at a time requested by the authority. Subject to the availability of inspectors, the inspectorate try to meet this request. I understand that in this case the local authority asked for an inquiry in early August and that the date agreed for the inquiry to start is 11 August.
§ Mr. Franksasked the Secretary of State for the Environment what discretion a local planning authority has to negotiate with objectors to a deposited local plan to meet their concerns and to seek withdrawal of their objections.
§ Mr. TraceyA local planning authority has discretion to negotiate with objectors to a local plan. The code of practice provides that a planning authority may undertake informal discussions with an objector to consider ways in which the plan might be changed to meet his concerns. The code advises114W
Any objector who would be satisfied by the changes proposed by the planning authority may be content to submit a statement saying so and not take part in discussion of the objection at the inquiry. However, the objection should not normally be withdrawn at this stage, since it may well still be of assistance to the Inspector.
§ Mr. Franksasked the Secretary of State for the Environment what remedies exist under his Department's code of practice for local plan inquiries for an aggrieved person to challenge the procedures followed by a local planning authority in preparing for and holding a local public inquiry.
§ Mr. TraceyIn most cases, a pre-inquiry meeting is arranged at which the inspector will discuss the proposed timetable and any queries about the way in which the inquiry is to be conducted. An aggrieved person could make representations then, or at the start of the inquiry. Any aggrieved person who questions the validity of a local plan can apply, on certain grounds, to the High Court to have the plan quashed. This must be within six weeks of the advertisement of the notice to adopt the plan. Any person who considers that he or she has suffered injustice because of maladministration by a local authority in connection with a local plan can ask for the matter to be investigated by the local ombudsman.