The Local Plan examination - frequently asked questions

What is a Local Plan?

Every council that is responsible for planning decisions is expected to have a Local Plan. The plan sets out the opportunities for development and investment in the area. It also makes clear what types of development will be permitted and what won't. The plan also looks at housing, employment space, required infrastructure, and places where retail and leisure facilities should be provided.

The Local Plan is also expected to identify areas that need to be protected, such as valued countryside, employment land and open spaces. Some of these community assets may also be improved through new development.

Every time we receive a planning application, we look at the Local Plan to assess whether planning permission should be granted.

Local councils have to produce a Local Plan by law and they have to last for a minimum of 15 years. Targets for development are set nationally by Government and the Local Plan aims to show how these targets can be met, taking into consideration the needs of the local population and the priorities for the area.

What will the Local Plan do?

The Chichester Local Plan 2039 covers the Chichester District, excluding the area covered by the South Downs National Park (which has its own plan). The key objectives of the plan include:

• Climate change - delivering mitigations and adaptations as part of our response to the climate emergency and our contribution to achieving net zero;
• Natural environment - protecting natural resources and enhancing biodiversity;
• Employment and the economy - supporting business and improving job opportunities;
• Health and wellbeing - encouraging healthy lifestyles and reducing inequalities;
• Design and heritage - protecting and enhancing the area's character;
• Infrastructure provision - supporting sustainable transport networks and improvements to essential services and community facilities.

Once formally adopted, the Chichester Local Plan 2039 will replace the policies in the current Local Plan (Key Policies) and will form the development plan for the plan area.

When did you submit the Local Plan?

The Local Plan was submitted to the Planning Inspectorate on 03 May 2024.

What happens next?

After the Local Planning Authority (LPA) submits the plan to the Planning Inspectorate together with the documents required by legislation and relevant evidence base, the Planning Inspectorate aims to appoint an Inspector within 3 weeks for plans containing strategic policies.

In the initial weeks after the Inspector's appointment:

• The Inspector makes an initial assessment of the plan and makes contact with the Programme Officer (PO)
• The Inspector looks for any fundamental flaws in respect of soundness or legal compliance and may write to the LPA in the first instance if there are major concerns.
• The Inspector may write to the LPA with questions on other matters
• The Inspector determines the matters and issues for discussion at the hearings, and prepares the initial hearings timetable and a guidance note for participants.
• If the Inspector considers it necessary, the LPA (and other participants) are asked to submit information or statements on specific issues. These should not be submitted unless requested by the Inspector.
• The Inspector confirms the start date for the hearing sessions. The LPA must advertise the opening of a hearing at least 6 weeks in advance.
• The PO publishes the initial timetable for the hearing sessions, the matters and issues for discussion and the Inspector's Guidance Note.
• The LPA and other participants are allowed 2-3 weeks to prepare any statements or other information requested by the Inspector, and submit them to the PO.
• The PO checks that they have been received and placed on the examination website, so that all participants have access to them.
• The PO clarifies and confirms participants' attendance at the hearings.

Who is the Programme Officer and what is their role?

Kerry Trueman of Programme Officer Solutions Ltd has been appointed as Programme Officer. The role of the Programme Officer is to independently coordinate the administration of the examination and to liaise between the Planning Inspector, the Local Authority and the interested parties for the duration of the examination.  The Programme Officer should be contacted with any queries in relation to the examination, however, the Latest News webpage will be kept updated with details of how the examination is progressing. 

Kerry is contracted by the Council for the purposes of this examination only. She is impartial and works under the Inspector's direction but uses a Council email address to securely exchange information.

The Programme Officer can be contacted as follows:

Kerry Trueman
Programme Officer Solutions Ltd
Email: programmeofficer@chichester.gov.uk
Phone: 07582 310364
Post: Pendragon House, 1 Bertram Drive, Meols, Wirral, CH47 0LG

What is the Examination in Public?

The purpose of the Examination is to determine whether the Inspector considers the submitted Plan to be "sound" in terms of national policy requirements, and compliant with the relevant legislation. The Examination process involves public hearings conducted by the Inspector, with relevant parties invited to attend to give oral evidence on a range of matters specified by the Inspector. The right to appear and be heard by the Inspector at a hearing session is limited to those persons who made a representation seeking a change to the plan within the deadline for the Regulation 19 consultation. The Inspector may invite any other person to attend a hearing session if, in the Inspector's view, their participation will assist in assessing the soundness of the plan. The Inspector has no power to summon a person to a hearing.

However, observers are permitted to attend the hearing sessions. At the hearings, the Inspector considers all evidence submitted in formal representations and hearing statements and given verbally at the hearings. The dedicated hearings webpage The Local Plan examination - hearing sessions and statements will be updated when dates have been confirmed.  The hearings may take place in person or virtually, or a mixture of the two.  

What is the role of the inspector?

The role of the appointed Inspector is to carry out an independent assessment of the overall soundness of the Local Plan and ensure that it satisfies the statutory requirements for its preparation.  In order to do so, the Inspector will assess the Local Plan, the evidence on which it was created, and all of the representations submitted during the Regulation 19 public consultation.

After the hearing sessions, the examination remains open until the Inspector has completed his or her report. 

Throughout the examination, the Inspector will explore the potential for Main Modifications to resolve any soundness and legal compliance issues he or she has identified. All proposed Main Modifications must be subject to public consultation and, where necessary, SA and HRA.  The Inspector will consider all the representations made on the proposed Main Modifications before finalising the examination report and the schedule of recommended Main Modifications.

There are three possible outcomes to the examination:

• The Inspector finds that the plan is sound and legally compliant as submitted: in these circumstances the Inspector must recommend that the plan is adopted;
• The Inspector finds that the plan is unsound and/or legally non-compliant as submitted, but that it is possible to make it sound and legally compliant by making main modifications to it. In these circumstances the Inspector must recommend the necessary main modifications, if requested to do so by the LPA. The main modifications must relate directly to the reasons why the Inspector has found the plan unsound or legally non-compliant;
• The Inspector finds the plan unsound and/or legally non-compliant as submitted, and that it is not possible to make it sound and legally compliant by making main modifications to it. In these circumstances the Inspector must recommend non-adoption of the plan. In practice, the LPA would be asked to consider withdrawing the plan before any such recommendation was made.

How has the Local Plan been prepared?

The preparation of the Chichester Local Plan 2039 has been informed by:

• National policy and legislation
• Extensive evidence gathering and technical assessment
• Ongoing liaison with neighbouring authorities, statutory bodies and infrastructure providers
• Feedback gained through formal consultation

To support the drafting of the Local Plan, a number of consultations have taken place.

An Issues and Options consultation was completed in June 2017, which took the form of a questionnaire regarding the overall development strategy and possible development locations. Responses to this consultation were then used to support the drafting of the Preferred Approach Plan.

Consultation on the Preferred Approach plan took place in 2018, in accordance with Regulation 18 of the Town and Country Planning (Local Planning) (England) Regulations 2012. This consultation sought views on the proposed development strategy and policies for the area to meet future needs. Responses to this consultation, along with required updates to evidence informed the Proposed Submission version of the plan.

Consultation on the Proposed Submission Local Plan took place in 2023 in accordance with Regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012. This consultation sought views and comments on the Proposed Submission Local Plan 2039 specifically related to the three tests which will be considered by a Planning Inspector:

• Legal Compliance - does the plan meet the legal requirements for plan making as set out by planning and environmental laws?
• Soundness - has the plan been positively prepared, is it justified, effective, and consistent with national policy?
• Meeting the Duty to Cooperate - has the Council engaged and worked effectively with neighbouring authorities and statutory bodies?

All consultations have been carried out in compliance with the Council's Statement of Community Involvement.

 Statement of Community Involvement January 2024 (Word doc, 186 KB)

I submitted comments during the preceding consultations. What was the outcome of those consultations, how have my comments been taken into account?

The Statement of Consultation  sets out the comments received during the previous consultation stages, and the Council's responses to them.

Statement of Consultation (Word doc, 341 KB) 

All comments made on the Regulation 18 consultation and the Regulation 19 consultation have been considered. Together with the latest evidence studies, with Government policy and guidance, these informed the Proposed Submission Plan and suggested modifications. 

Representations received during the Regulation 19 consultation are sent to the Inspector to be considered as part of the Examination in Public.

How is my data managed?

The Town and Country Planning (Local Planning) (England) Regulations 2012 requires that, when the council submits the Local Plan and associated documents to the Secretary of State, for examination in public, the responses made to the consultation on the Local Plan must also be submitted. This includes the personal data collected, such as name, address and contact details. As data controllers, the Local Planning Authority and Inspectorate each retain responsibility for protecting the personal information they hold. This includes ensuring appropriate and proportionate organisational and technical measures are in place for the processing of personal information. For more information visit the Chichester District Council data protection page.