Publication of a development plan document (Regulation 27)

Before a local authority submits a development plan document to the Secretary of State, it must publish and make available the documents it proposes to submit.

The publication of the draft development plan document should be informed by earlier extensive public participation to ensure that what the local authority publishes is sound.  It should be justified (i.e. founded on a robust evidence base and the most appropriate strategy when considered against the reasonable alternatives) and effective (i.e. deliverable, flexible and able to be monitored).  This will make it less likely that matters will be raised which have not been the subject of previous representations.

The draft development plan document is published in order for representations to be made. Regulation 28 requires a summary to be prepared of the main issues raised by the representations.  This process should assist local authorities to review the representations and to consider what, if any changes should be made to the draft development plan document before submission.  These must be taken into account by the inspector at the examination. Consultation with various bodies, residents and businesses should have taken place during the plan preparation process, although publication of the draft development plan document, and accompanying sustainability appraisal report, will allow consultees to make representations on both.

The underlying premise should be that the plan is considered sound by the local authority at the time it is published. At the point before the plan is published, it may be possible for some local authorities to seek a full local authority resolution to authorise offices to both publish and subsequently submit the development plan document (subject to representations received).

What to Publish

The local authority is required to publish its proposed submission documents. These documents are defined in new Regulation 24 as:

• the development plan document (as proposed to be submitted)
• the changes to the proposals map (if the adoption of the development plan document would result in changes to the map)
• the sustainability appraisal report
• a statement setting out:
  • who was invited to be involved in the plan preparation
  • how they were invited to be involved in the plan preparation
  • a summary of the main issues raised and how they have been addressed
• any other supporting documents relevant to the preparation of the development plan document. 

The 'other supporting documents' (mentioned above) provide an opportunity for the council to point the inspector and other participants in the examination to the places within the body of evidence. This must include:

• the non-technical summary of the sustainability appraisal report
• a habitats regulations assessment report, where required. 

This demonstrates how the development plan document is justified and effective as described in paragraphs 4.36 to 4.38 and 4.44 to 4.47 of PPS12.

How to Publish

The local authority must:

• make a copy of each of the proposed submission documents (and a statement of the representations procedure) and make these available during normal office hours at:
  • the principal local authority offices
  • other places within the local authority area considered appropriate
• publish on its website:
  • the proposed submission documents
  • a statement of the representations procedure
  • a statement advertising the documents availability and setting out where and when the proposed submission documents are available for inspection
• send each of the specific consultation bodies invited to make representations on the plan:
  • a copy of each of the proposed submission documents
  • a statement of the representations procedure
• send each of the general consultation bodies invited to make representations on the plan:
  • a statement of the representations procedure
  • a statement advertising the documents availability and setting out where and when the proposed submission documents are available for inspection
• set out in a local newspaper (circulating in the whole of area of the local planning authority on a least one occasion):
  • a statement of the representations procedure
  • a statement advertising the documents availability and setting out where and when the proposed submission documents specified in the what to publish section (above) are available for inspection.

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