Guide to the Local Development Framework Process
With the introduction of the Planning and Compulsory Purchase Act 2004 (as amended), all Local Authorities were required to replace their Local Plans with a Local Development Framework (LDF). The LDF is used in the same way as the Local Plan, but is made up of a number of documents rather than a single development plan. These individual documents are known as the Local Development Documents (LDDs). Some of these are statutory planning documents known as Development Plan Documents (DPDs). These documents are required by law and will, once adopted, form the basis for decision making on planning applications.
Other documents will also be produced which are not statutory development plan documents. These are known as Supplementary Planning Documents (SPDs), prepared by Local Authorities to provide additional guidance and detail to a policy within a Development Plan Document.
The preparation of each DPD will follow approximately the same process, split in to a number of separate stages, namely:
- Issues and Options
The Local Authority will consult everyone with an interest in the area to help to identify the key issues and suggested options for addressing these. Comments received will be used to influence the next stage.
- Preferred Options
Following previous consultation, the Local Authority will publish another document considered to be the ‘preferred’ approach for their area. Comments at this stage will influence the content of the Submission Draft Document.
- Submission Document
The submission draft is the document that the Local Authority would like to see as its final version. This is also the final public consultation stage before the document is formally submitted to the Secretary of State for independent examination. Comments made at this stage, which are objecting to the content, or how the plan was prepared, will be considered by the inspector at examination.
Public consultation at each of these stages will last for at least six weeks, and details of this public participation must be detailed in a Statement of Community Involvement (SCI) and the process must be carried out in accordance with this. There may also be an initial informal stage of consultation at the start of the process and additional consultation periods during the process if significant changes are made to the documents, following each statutory stage of consultation.
Following the completion of all stages of consultation, the document will be submitted to the Secretary of State, for examination. All DPDs will be subject to an independent examination by an inspector who will use a number of tests which assess how documents have been prepared and their content. This test is known as the ‘Test of Soundness’. All representations received will be examined and if a document is found to be ‘sound’, the Council can formally adopt the document and this will then be used in the decision making process.
Following examination, the Inspector will send a Binding Report to the Local Authority which may recommend changes to the Development Plan Document. The Authority must take these on board. Following this process, the Council may then formally adopt the Development Plan Document
London
The Development Plan for London Boroughs, at the regional level, comprises the London Plan (July 2011) and Supplementary Planning Documents, as produced by the Greater London Authority (GLA). In addition to this, the Mayoral Community Infrastructure Levy (CIL) came into force on 1st April 2012 with the remit of collecting funds for the Crossrail project. This sets a fixed contribution, based on floorspace created, set at 3 different levels, depending on the London Borough within which the development is proposed, and is applicable to the majority of new developments where floorspace is created.
At the Borough level, the DPD’s consist, in most cases, of a Core Strategy, Development Management Policies and Site Specific Allocations, although these documents may sometimes be merged. The Boroughs will also have a proposals map, which may be rolled into one of the other DPD’s, or be a standalone DPD in its own right. All Boroughs will also need to produce a CIL Charging Schedule, which must also undergo consultation. The purpose of each document is as follows:
- Core Strategy: sets out a strategic vision, spatial strategy and core policies to guide development and change
- Development Management Policies: supports the Core Strategy and London Plan and sets out the Boroughs detailed policies for managing development
- Site Specific Allocations: document will allocate and designate areas of land for particular uses such as Housing, Employment, Retail, Recreation and Open Space, where development or other change is anticipated.
- Proposals Map: illustrates the spatial policy designations that flow from adopted planning policies and must reflect the policy context as contained within the DPD’s
- CIL Charging Schedule: sets out the Boroughs proposed charge, based on floorspace created, to fund improvements in the area in infrastructure and facilities, to benefit the local community
Following publication of the NPPF in March 2012, which replaced a raft of other planning policy at the national level, each planning authority will need to consider whether their Development Plan Documents conform with the new national policies. Plans that are out of date or not in conformity risk being superseded by the policies of the NPPF and hence it is expected that authorities will bring forward changes where necessary over the coming months’
