Examination

***The Local Plan was adopted at Full Council on Thursday 15th October. The relevant documents can be viewed under 'Latest News' below***

East Staffordshire Borough Council submitted the East Staffordshire Local Plan to the Secretary of State for independent examination on 9th April 2014.

The Inspector appointed for this examination is Mr Brian J Sims BScHons CEng MICE MRTPI.

Mr Sims will examine whether the Local Plan is sound as stipulated by the tests of soundness contained within paragraph 182 of the National Planning Policy Framework (NPPF) where the Plan should be:

  • Positively prepared - the plan should be prepared based on a strategy which seeks to meet objectively assessed development and infrastructure requirements, including unmet requirements from neighbouring authorities where it is reasonable to do so and consistent with achieving sustainable development;
  • Justified - the plan should be the most appropriate strategy, when considered against the reasonable alternatives, based on proportionate evidence;
  • Effective - the plan should be deliverable over its period and based on effective joint working on cross-boundary strategic priorities; and
  • Consistent with national policy - the plan should enable the delivery of sustainable development in accordance with the policies in the Framework.

The Examination process is administered by the Programme Officer, Miss Amanda Willis, who is independent from the Council and reports directly to the Inspector.

Any correspondence or queries relating to the examination should be directed to the Programme Officer.

Programme Officer Details:

Email: programme.officer@sstaffs.gov.uk

Telephone on (01902) 696318.

Post: Miss Amanda Willis (Programme Officer for East Staffordshire Borough Council), South Staffordshire District Council, Council Offices, Codsall, South Staffordshire. WV8 1PX.

Core Document Library

Examination Library List (updated 14/09/2015)

Hard copies of the documents are available to view upon request from Monday-Friday, between 09:00 - 17:00 at East Staffordshire Borough Council, The Maltsters, Wetmore Road, Burton upon Trent. DE14 1LS.

For further information, or advice on the Local Plan please call (01283) 508618 or email planningpolicy@eaststaffsbc.gov.uk

Latest News and Updates

15th October 2015

The Local Plan was adopted at Full Council on Thursday 15th October. The relevant documents including Inspectors Report, adoption statement and Sustainability Appraisal Adoption statement can be viewed below:

9th October 2015

The Borough Council have received the Inspectors Report into the Soundness of the East Staffordshire Local Plan 2012-2031. The Report and associated Appendix can be viewed below:

The Borough Council will consider the Inspectors Report at an extraordinary Council Meeting on Thursday 15th October 2015.

7th September 2015

The period of consultation on the Main Modifications has now closed. All representations received can be viewed via the examination library list above (Document G4).

12th August 2015

In the recent judgment in the JRs on the PPG mods re s106 contributions where in West Berkshire District Council and Reading Borough Council v SSCLG (Planning Obligations & Affordable Housing Contributions) Ref  CO/76/2015, the challenge to the WMS and PPG alterations the judgment has gone against the SoS on several grounds including that he failed to take into account a number of material considerations, in particular as regards certain adverse consequences of the new policy, that the changes to national policy were inconsistent with the broader statutory scheme on local plan policies and its purposes, that the Secretary of State’s consultation process that preceded the policy change was unfair, and that in deciding to adopt the new national policy the Secretary of State failed to comply with the Public Sector Equality Duty in section 149 of the Equality Act 2010.

Rather than this judgment quashing the Written Ministerial Statement itself, a declaration Order is to be issued confirming that the policies in the Statement must not be treated as a material consideration in development management and development plan procedures and decisions, or in the exercise of powers and duties under the Planning Acts more generally.

The Secretary of State intends to seek leave to appeal the judgment, although in the meantime the judgment and declaration Order will stand, and affected casework must be approached and determined on the basis of the Court’s Order.

The immediate upshot is that the PPG mods concerned will not be treated as material in the Report in current circumstances but the Inspector considers that he has all the evidence he needs on affordable housing in particular, on both sides of the case for and against the 4 or 10 unit threshold in SP17, including the proposed MMs to it.

However, the Inspector will accept brief comments on this judgment and its implications from the Council and Representors in conjunction with the current MM consultation.

10th July 2015

The Borough Council has identified 'main' modifications to the Local Plan that was submitted for Examination in April 2014. These 'main' modifications reflect discussion at the Hearing Sessions that took place in October 2014 and May 2015. The 'main' modifications are intended to address matters of soundness or legal compliance raised. It is these modifications that are being consulted upon.

The Main Modifications relate to a number of policies (and supporting text).  

Throughout the Examination in Public, the Borough Council also identified a number of additional modifications - these are to address typographical errors or provide clarity. They do not go to the heart of 'soundness' or legal compliance however comments can also be made on these additional modifications.

A Revised Sustainability Appraisal: Addendum has been prepared to appraise the Main Modifications and is also being consulted upon alongside the Main Modifications.

The deadline for comments is 5pm Monday 24th August. The relevant documents can be viewed below:

Representations can be made using the above form and can be sent to the following address:

Planning Policy

East Staffordshire Borough Council

The Maltsters

Wetmore Road

Burton upon Trent

Staffordshire

DE14 1LS

Email: lpconsultation@eaststaffsbc.gov.uk

6th July 2015

The Local Plan is due to start its 6 week consultation on modifications following the successful completion of hearings into proposals. This advance notice is to alert individuals, residents, businesses and parish councils that the 6 week consultation timetable will extend into the summer holiday period. Exact dates will be announced in the near future. Anybody who has previously made comments will be notified of the exact date via an email or letter. Further updates will be posted on this Examination page.

1st July 2015

The Inspector has confirmed that, having reviewed the latest representations on housing land supply, he does not intend to issue any further Interim findings nor seek any additional evidence from the Council or representors but to proceed to his report. 

The 6 week public consultation on proposed Main Modifications and the Revised Sustainability Appraisal: Addendum is expected to begin in early July.  

If no fresh issues are raised in the Main Modifications consultation it is anticipated that Inspector’s report will reach the Council about mid September.

18th June 2015

Following comments by representors on the 5yr HLS, (see Doc.G2) the Council have now issued a response to these comments (F75 & F75a).

11th June 2015

Following the latest 5 year HLS position from ESBC, the Inspector requested responses from representors as addendums to their position statements. Please see updated Doc.G2.

G2. Position Statements (updated 15/06/2015)

21st May 2015

Following the examination hearings the inspectors produced a note on the conclusion of hearings days 5 to 10 (E.23).

15th May 2015

From last week’s hearing sessions (12th-15th May) the following documents have been added to the document list.

Also in addition a further Position Statement was received and has been added to document G2 under PS-61.

G2. Position Statements (updated 15/05/2015)

11th May 2015

Following the publication of documents F.66 and F.67 being the most up to date 5 year land supply position of the LPA, the Inspector invited participants of the hearing session on Tuesday 12th May 2015 (Day 5) to submit additional written comments.

Comments were received from Howard Sharpe and Partners and JVH (PS-43 & 49), Alliance Planning (PS-51) and Tutbury Parish Council (PS-55). The additional comments can be viewed in Document G.2.

G2.Position Statements (updated 11/05/2015)

The agenda for Days 9 and 10 (consolidated) have now been issued -

6th May 2015

Ahead of next week’s hearing sessions, the Inspector has issued agendas for Days 5 to 8, and Days 11 and 12 which indicate on which days and in what order the omission sites will be discussed.  Agendas for Days 9 and 10, Allocated Sites in Burton and Uttoxeter, will follow.

The hearing sessions start at 10:00am, Tuesday 12th May 2015.

Venue details:

Burton Town Hall (Lingen Room),

King Edward Place,

Burton-upon-Trent,

Staffordshire

DE14 2EB

30th April 2015

Following receipt of further Position Statements, document G2 has been amended.

G2 -  Position Statements (updated 30/04/2015)

27th April 2015

The Council have recalculated the 5 year land supply position as at 31st March 2015. The document is available in the examination library or can be viewed below:

5 Year Supply Report 31st March 15

Housing Pipeline & Completions as at 31.03.2015

16th April 2015

Following the revised programme of hearings on 25th February, Position Statements have now been received and can be viewed here.

G 2 - Position Statements (April 2015)

25th March 2015

The Inspector has issued the Revised Programme of Hearings with Resumption Notes (Doc E.22)  These are essentially the same as the draft version E.21.  However, please note that certain additions have been made to the attendance lists and items have been added to Day 5 (12 May 2015) – for the latest government Household Projections and Revisions to Planning Practice Guidance on the threshold for affordable housing contributions.  The Council response on the Household Projections is available to view (Doc F.59) and Representors may include comments on this in their (revised) Position statements due 10 April 2015.

You are asked to review the Resumption Notes and the Programme and raise any questions with the PO as soon as possible.  Once Position Statements are received,  the Inspector will base session agendas on these and they will be circulate shortly before each session.

E.22 - Revised Programme - Final 24th March 2015

F.59 Impact of the DCLG 2012 Household Projections

25th February 2015

The Inspector has issued document E.21 - Revised Programme of Hearings, together with Resumption Notes.  The Inspector asks that Representors give early attention to this document.

E.21 - Revised Programme of Hearings

Please note, in particular, that the Inspector requests that any queries be raised with the Programme Officer by Wednesday 11 March 2015, after which the Programme will be confirmed, and that any updated or new Position Statements be submitted to the Programme Officer by Friday 10 April 2015.

All the additional Council documents referenced in the Notes can be found below.

10th February 2015

The Council have now published the remaining responses to the Inspectors Interim Findings.

2nd February 2015

The consultation on the Revised Sustainability Appraisal has now closed. The Council intend to publish a response to the interim findings and the Revised Sustainability Appraisal consultation responses week commencing 9th February 2015.

18th December 2014

As set out in the response to the interim findings by the Inspector (F.40) the Council committed to carrying out revisions to the Sustainability Appraisal. A Revised Sustainability Appraisal is now available for comment until 5pm Friday 30th January. The revisions can be identified throughout the document as highlighted text (in yellow).

The documents can be viewed below:

Representations can be sent to the following address:

Planning Policy

East Staffordshire Borough Council

The Maltsters

Wetmore Road

Burton upon Trent

Staffordshire

DE14 1LS

Email: lpconsultation@eaststaffsbc.gov.uk

Further work as set out in response to the interim findings will be published in the new year.

27th November 2014

A programme for the further work arising from the Inspector’s Interim Findings has been agreed (F.40 and E.20)

There will be opportunity for Position Statements to be amended in light of the Further Revised SA and new housing evidence in advance of Hearings which are provisionally now expected to resume in March with a revised programme to be issued once the Council has completed the further work now in preparation.

11th November 2014

Following four days of hearings between the 28th and 31st October on essentially strategic matters, the Inspector has published Interim Findings (E.19).  These seek additional work by the council regarding the Sustainability Appraisal,  Housing Need and Site Selection before further hearings are held.  Accordingly the hearings currently programmed for Weeks 2 and 3 between 25th November and 4th December will not now take place on those dates and will be rearranged in due course.

Inconvenience to all concerned is regretted but the Inspector takes the view that this course of action is in the best public interest overall.

The Inspector will not accept comments on the Interim Findings document itself but there will be an opportunity for public comment on any further work the council decides to undertake in response.  Meanwhile, any questions on procedure should be directed via the PO.

Please note that Position Statements are no longer due for Weeks 2 and 3 on the 14th and 21st November. You will be informed of any new deadline dates in due course.

If you have already submitted position statements for Weeks 2 & 3, you will have an opportunity to update/amend this statement following any additional work the council may undertake.

E.19 Interim Findings by the Inspector

5th November 2014

The inspector has issued a conclusion of hearings 1 to 4. Please note the deadline for position statements for hearings weeks 2 and 3 are now 12noon on 14th November and 21st November (previously 7th November and 14th November).

E.18 Note on conclusion of Hearings 1-4

14th October 2014

The Council have now received position statements for the first week of examination hearings. These can be viewed via the list below -

G1. Position Statements Received (updated 05/12/2014)

1st October 2014

Due to changes to the East Staffordshire Borough Council website we understand there has been difficulties downloading documents from the document library. We apologise for any inconvenience caused. As a result it has been agreed with the Planning Inspector that the deadline for position statements will now be 12 noon on Friday 10th October.

26th September 2014

A detailed programme and schedule has now been published. Please check the programme to ensure that you are included for the issues on which you wish to take part, including the additional issue 15a on Day 4. Equally if you are listed against an issue on which you do not wish to speak please advise the Programme Officer accordingly.

E.17 Detailed Programme & Schedule of Issues

It is worth reiterating that it is not necessary to take part in the hearings if you consider that your original representations is sufficient as all will written material will be taken into account.

Please note that Weeks 1 and 2 are now substantially confirmed but due to time constraints speakers are not yet individually allocated to allocations and omission sites.  This information will be added before Position Statements are due.

19th September 2014

The submission date of Tuesday 7th October 2014 for Position Statements refers to the first week of hearing sessions 28th-31st October. (Issues 1-8 and 15a). Please note that the Inspector has decided to add a session on Site Selection Process to cover the general site selection aspects of Issue 15 on Friday 31st October.

Position Statements for the Policy sessions 25th-28th November (Issues 9-14) will be required by Friday 7th November and those for the site sessions 2nd-5th December (Issue 15) will be required by Friday 14th November (unless any variation in the programme becomes necessary after the first week.

The Inspector has also published a note following the Pre-Hearing meeting that was held on Tuesday 16th September:

E.16 Note of Pre-Hearing Meeting (16th September 2014)

8th September 2014

Ahead of the Pre-Hearing meeting taking place Tuesday 16th September 2014, the Inspector has published the following documents:

E.13 - Draft Detailed Schedule of Issues
E.14 - Draft Detailed Programme of Hearings
E.15 - Pre-PHM Letter

The PHM will be taking place on Tuesday 16th September 2014 at 2pm at Burton Town Hall, King Edward Place, Burton upon Trent, DE14 2EB (Venue details can be found in Document E.7 – Para 4)

18th August 2014

The Inspector has published a series of documents regarding the examination and pre-hearing meeting.

E.7 - Examination Guidance
E.8 - Pre-Hearing Meeting Agenda
E.9 - Provisional Issues
E.10 - Pre-Hearing Invite Letter
E.11 - Examination Indicative Programme

The first hearing date will be Tuesday 28th October 2014 at Burton Town Hall.

16th July 2014

The Inspector has published a note the Council (Document E.6) with regards to advice on post-submission modifications.

E.6 Advice on Modifications

15th July 2014

The Inspector has published a note to the Council (Document E.5) proposing a Pre Hearing Meeting (PHM) on the 16th September 2014. More details on the PHM will follow.

E.5 Reasons for Pre-Hearing Meeting (PHM)

4th July 2014

The Council have responded to the second part of the initial questions and further note (E.3).

F.14 Council response to initial questions (E.1) Qs19 - 45.pdf
F.15 Response to questions in Further Note E.3.pdf 

23rd June 2014

The inspector has published a response to the council’s answers to his initial questions (document number E.3).

E.3 Inspectors response (23/06/2014)

17th June 2014

The Council have responded to the first part of the initial questions.

Council response to initial questions (E 1) Qs 6 - 18

2nd June 2014

Initial Questions - The inspector has published his first initial questions (document number E.1) and a further note.

E.1 - Inspector's Initial Questions
E.2 - Further Note from Inspector