Guidance

Local Plans: the examination process

The Local Plan examination process and the role the Planning Inspectorate plays.

From:
Planning Inspectorate
Published
1 January 2012
Last updated
23 August 2024 — See all updates

Applies to England

Introduction

Local plans are prepared by the Local Planning Authority (LPA), usually the Council or the national park authority for the area.

The National Planning Policy Framework (NPPF) states that the planning system should be genuinely plan-led. Succinct and up-to-date plans should provide a positive vision for the future of each area and a framework for addressing housing needs and other economic, social and environmental priorities.

Examining local plans

Once the LPA has finished preparing and consulting on a local plan it must be submitted to the Secretary of State who will appoint an Inspector or Inspectors to carry out an independent examination. This process is dealt with by the Planning Inspectorate.

The examination will assess whether the plan has been prepared in accordance with legal and procedural requirements and if it is sound. The four tests of soundness are set out in the National Planning Policy Framework (NPPF).

The Minister of State wrote to the Planning Inspectorate on 30 July 2024. This letter sets out the government’s expectations as to how plan examinations should be conducted, and how pragmatism should be applied to this process by examining Inspectors. 

The Letter re-iterates that LPAs must not submit local plans unless they think they are ready for independent examination.  It indicates that LPAs should not therefore submit deficient plans believing that Inspectors will use significant time and resource during examinations to ‘fix’ them.

The letter emphasises that pragmatism should only be used in examinations where it is likely that a plan is capable of being found sound with limited additional work to address soundness issues.  It sets out that pragmatism should not be used to address fundamental issues, which would be likely to require pausing or delaying the examination process for over six months overall.  Any extensions to a six-month pause should only be allowed at Inspectors’ discretion, where they are confident that LPAs can complete work in an agreed timeline.

The Inspector will consider the evidence provided by the LPA to support the plan and any representations which have been put forward by local people and other interested parties. In most cases the examination will include hearing sessions which are held in public. The Inspector will work with the LPA to determine the appropriate format for those sessions, which could be in-person/physical (‘real’), ‘virtual’ video or telephone conference, or a ‘blended’ mix of formats (i.e. a mix of in-person and virtual).

At the end of the examination the Inspector will send a report to the LPA recommending whether or not they can adopt the plan. In most cases the report will recommend some changes that are necessary to allow the plan to be adopted. These are known as ‘main modifications’.

In carrying out the examination, the Inspector will be conscious of the benefits of having a robust and up to date plan adopted as quickly as possible and will apply the principles of openness, fairness and impartiality.

The LPA is responsible for paying for the cost of the examining Inspector. The fees are set out in the Town and Country Planning (Costs of Independent Examinations) (Standard Daily Amount) (England) Regulations 2006.

Advice about local plan examinations

Detailed practical guidance on the procedural aspects of local plan examinations can be found in the Procedure Guide for Local Plan Examinations. The Guide includes links to the relevant legislation and applies to local plan examinations, including joint local plans prepared by more than one local planning authority. The appointed Inspector will work with the LPA to determine the format for the hearing sessions and guidance will be provided for all participants. Local authorities wanting more information about how the hearing stages will take place should contact the local plans team at [email protected]. Different procedures apply for the examination of Spatial Development Strategies.

There is also a short guide aimed particularly at those taking part in an examination for the first time.

The Government’s planning policies relating to local plans can be found in the National Planning Policy Framework (NPPF) and further information is provided in Planning Practice Guidance.

The Planning Inspectorate also produces a model representation form for local plans which is available for use by LPAs at the publication (Regulation 19) stage of consultation. The Planning Inspectorate takes its data protection responsibilities for the information you provide us with very seriously. To find out more about how we use and manage your personal data, please go to our privacy notice. We have also produced advice for LPAs about designing the local plan examination webpage.

A copy of the standard Service Level Agreement for the examination is available on request by contacting [email protected]. This includes a data sharing agreement.

The Planning Inspectorate provides ‘advisory visits’ which LPAs are encouraged to request during plan preparation.  These are informal discussions chaired by an experienced Inspector on a without prejudice basis.  Their aim is to assist LPAs to prepare effectively for the examination process.  In the interests of impartiality, Inspectors who conduct advisory visits on a plan would not be subsequently appointed to examine it.  LPAs who wish to request an advisory visit can do so by contacting the local plans team at [email protected]

The role of the Secretary of State in local plans

The Secretary of State has a number of legal powers relating to plan making and the examination. The Secretary of State wrote to the Chief Executive of the Planning Inspectorate in connection with these powers on 18 June 2019. This letter’s expectations relating to pragmatism have been updated by the Minister of State’s Letter to the Planning Inspectorate of 30 July 2024.

In accordance with this letter the Planning Inspectorate will share all post-hearing advice letters, letters containing interim findings and any other letters and any letters which raise soundness or significant legal compliance issues, as well as fact-check reports, with the Ministry of Housing, Communities and Local Government on a for-information basis, at least 48 hours before they are sent to the LPA.

The fact check report is the version of the Inspector’s final report which is sent to the LPA to check for factual errors or inconsistencies. The final report is issued after the fact-check process has been completed.  

Programme Officers

When a plan is submitted the LPA is responsible for appointing the Programme Officer and for the processing of any personal data during the examination. The role of the Programme Officer is to provide administrative support to the examination. The Programme Officer provides a channel for all communications between the Inspector and the LPA and other participants.

The Planning Inspectorate provides Programme Officer Training Notes and runs a training course for new and experienced Programme Officers from time to time depending on demand. The next Programme Officer training course is scheduled for Thursday 07 November. The venue for this event will be NCVO Conference Suite, Society Building, 8 All Saints Street, London, N1 9RL. Spaces on the course will be limited so please refer to this page for future updates. If you are interested in attending the course or you need further advice on how to find a Programme Officer please email [email protected].

Monitoring local plan progress

The Planning Inspectorate maintains a list of the overall position for each LPA. This is updated as examinations are completed. The date of publication and adoption is based on information provided by the LPA. The date of publication is when the LPA carries out its final public consultation on the plan before it is submitted for examination, under Regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012. These lists can be found on our monitoring local plans page

A list of Local Plan Examination hearing dates the Planning Inspectorate is holding over the next few months can be found on our monitoring local plans page NOTE: this update is only for ‘first hearing sessions’ not subsequent ones.

If you have a question about the timing of the publication, submission or adoption of a local plan, please contact the relevant LPA directly.

Keeping the Planning Inspectorate informed

LPAs should keep the Planning Inspectorate informed about when their plans are to be published, submitted and adopted. If the Planning Inspectorate is not kept informed of the likely date for submission this could cause a delay in appointing  Inspectors and to the early stages of the examination.

LPAs should send their updates to [email protected]

Community Infrastructure Levy

Information about Community Infrastructure Levy examinations.

Examining Spatial Development Strategies

Information about Spatial Development Strategies

Complaints

If you have a complaint about our work in examining local plans, community infrastructure plans or spatial development strategies please see our complaints procedure.

Updates to this page

Published 1 January 2012
Last updated 23 August 2024 + show all updates

  1. We have incorporated changes to the ‘Examining Local Plans’ section to reflect the relevant section of the ministerial letter. Amendments are also made to that section to reflect up-to-date practice relating to determining the format of hearing sessions. Changes are made so that panel appointments are covered. We have altered the section on ‘advisory visits’ to reflect the Ministerial Letter and associated proposed changes to the Procedural Guidance. There’s also a minor amendment in this section (deletion of the words ‘a mayor’s’) which anticipates proposed changes to spatial development strategies. The ‘Role of the Secretary of State in Local Plans’ section has been updated to remove references to the 2015 letter, and to include a footnote which clarifies that the elements of the 2019 letter relating to pragmatism have been updated by the July 2024 Letter.

  2. The next Programme Officer training course is scheduled for Thursday 07 November.

  3. The venue for the programme officers event will be NCVO Conference Suite, Society Building, 8 All Saints Street, London, N1 9RL.

  4. The next Programme Officer training course is scheduled for Tuesday 05 March 2024.

  5. wording added 'The Inspector will determine the appropriate format for those sessions, which could be in-person/physical (‘real’), ‘virtual’ video or telephone conference, blended events or a ‘blended’ mix of formats for each or different sessions (i.e. a mix of in-person and virtual).'

  6. The next Programme Officer training course is scheduled for Tuesday 18th April 2023

  7. Correction again: The next Programme Officer training course is scheduled for Thursday 16th March 2023

  8. Correction from March to April: The next Programme Officer training course is scheduled for Thursday 16th April 2023

  9. The next Programme Officer training course is scheduled for Thursday 16th March 2023.

  10. Removing all Covid-19 related messaging

  11. Details added for the next Programme Officer training course: Wednesday, 05 October 2022.

  12. Update to first paragraph under subheading 'Programme Officers'.

  13. Link to the new list of Local Plan Examination hearing dates has been added.

  14. Link to page on 'taking part in an examination for the first time' added.

  15. Advice on holding an advisory meeting added

  16. New information for programme officer training

  17. Advice added for local authorities on who to contact for more information about how the hearing stages take place.

  18. Advice about local plan examinations section updated.

  19. The next Programme Officer training course has now been confirmed for Wednesday 22 September.

  20. Plans containing strategic policies updated

  21. Programme Officer training course has now been confirmed for Wednesday 07 July

  22. Programme Officer training course update

  23. Link updated to the Planning Inspectorate new Privacy Policy

  24. Plans containing strategic policies (ODS) and Plans containing non-strategic policies (ODS) updated

  25. Updated Plans Privacy Statement, LPA Strategic Plan Progress spreadsheet updated and LPA Other Plans Progress spreadsheet updated

  26. Plans containing strategic and Plans containing non-strategic policies updated

  27. The next Programme Officer training course will be held on Tuesday 26 January, 2021. This will be a virtual event and will run from 09:30 to 13:00 approx. Spaces on this course are limited and early booking is advised

  28. Plans Privacy Statement updated and wording updated at: Please note that some aspects of the Procedure Guide pre-dates measure to limit the spread of coronavirus (Covid-19).

  29. Plans containing strategic policies documents updated

  30. Link added to the advice for LPAs about designing the local plan examination webpage.

  31. Plans containing strategic policies and Plans containing non-strategic policies documents updated.

  32. Updated versions of 'Plans containing strategic policies' published

  33. Plans containing strategic policies and Plans containing non-strategic policies documents updated

  34. Plans containing strategic policies and Plans containing non-strategic policies documents updated.

  35. Section on complaints added to the page

  36. Plans containing strategic policies and Plans containing non-strategic policies documents updated

  37. Please note that the Procedure Guide pre-dates measures to limit the spread of coronavirus (Covid-19) and it may not currently be possible to follow some of the advice it contains.

  38. Plans containing strategic policies and Plans containing non-strategic policies documents updated.

  39. The next Programme Officer training course, which was due to take place on Wednesday, 29 April 2020, has been cancelled because of coronavirus (COVID-19), this will be rearranged.

  40. The Planning Inspectorate has published guidance on site visits, hearings, inquiries and events in connection with Coronavirus (COVID-19)

  41. The next Programme Officer training course will be held on Wednesday, 29 April 2020.

  42. link to Examining Spatial Development Strategies added to the page

  43. Plans containing strategic policies and Plans containing non-strategic policies documents updated.

  44. Plans containing strategic policies and Plans containing non-strategic policies have been updated

  45. Expected plan submissions for the next 6 months updated

  46. Plans containing strategic policies and Plans containing non-strategic policies documents updated

  47. The next Programme Officer training course will be held on Wednesday, 15 January 2020.

  48. Added a link to the Inspectorate's news item on Approach to casework during the pre-election period

  49. Plans containing strategic policies and Plans containing non-strategic policies documents updated

  50. Local plan progress lists updated

  51. The Programme Officers training course that was due to be held on the Thursday 26 September has been cancelled.

  52. Local plan progress lists updated

  53. A report listing the local plans expected to be submitted within the next 6 months added

  54. Plans containing strategic policies and Plans containing non-strategic policies documents updated.

  55. Local Plan progress lists updated

  56. Page rewritten, documents updated.

  57. Date for next training course updated, it's being held on 26 September 2019.

  58. Core strategy progress and Other plans documents updated.

  59. Core strategy progress and Other plan documents updated

  60. Core strategy progress and Other plan documents updated

  61. Other plans and strategic plans documents updated

  62. Other plan and strategic plan documents updated

  63. Update to the date for the training course for local authority Programme Officers

  64. December Core strategy progress & Other plans documents added

  65. Core strategy progress and Other plans documents Updated

  66. Training course dates updated

  67. Core strategy progress and Other plans documents updated with October data

  68. Plan progress and strategic plan progress lists updated

  69. Plan progress and lpa strategic plan progress updated

  70. Additional date added for the Programme Officer training.

  71. Core strategy progress & Other plans documents updated

  72. Core strategy progress and Other plans documents updated

  73. Course date updated

  74. Core strategy progress and Other plans documents updated

  75. Plans Privacy Statement added in line with GDPR.

  76. Core strategy progress and Other plans Updated

  77. Core strategy progress and Other plans documents updated

  78. Date changed for the one-day training course for local authority Programme Officers.

  79. Core strategy progress & Other plans documents updated.

  80. Updated the date of the next Programme Officer course

  81. Core strategy progress & Other plans docs updated

  82. Core strategy progress and Other plans documents updated

  83. Core strategy progress and Other plans documents updated

  84. Plan documents updated.

  85. Core strategy progress & other plans documents updated

  86. Core strategy progress & other plans documents updated.

  87. July data added

  88. Core strategy progress and Other plans documents updated

  89. Strategic and other plan progress documents updated.

  90. Strategic plan and other plans documents updated

  91. Date added for the one-day training course for local authority Programme Officers.

  92. Core strategy and other plans documents updated

  93. 'What if you disagree' section added.

  94. Plans documents updated

  95. Strategic plan and other plan attached documents updated

  96. Core strategy and plans documents updated.

  97. Date updated for training course

  98. Core strategy progress and other plans chart updated

  99. Core strategy progress and other plan chart updated

  100. Strategic plan and LPA plan updated

  101. Core strategy progress and other plan tables updated

  102. Inserted date to next course - 09 November 2016

  103. Core strategy progress and other plan charts updated

  104. Procedural guidance document updated to take account of recent refinements in practice and the update to the Planning Practice Guidance published on 19 May 2016

  105. LPA strategic plan and LPA other plan progress documentS updated.

  106. Link to guidance removed as guide was incorrect

  107. Other plan and strategic plan Documents updated with April figures

  108. Local plan (other plans) and Strategic plan documents updated.

  109. Updated core strategy process and other plans process

  110. New document: Programme Officer Training Notes added

  111. Updated progress plans

  112. New version of the booklet Examining Local Plans Procedural Practice.

  113. First published.

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