Plan making
The Local Plan is a single document that once adopted will contain all of the Council’s planning policies. These policies must be supported by evidence, comply with national planning policy and be subject to a process of sustainability appraisal.
There are a number of stages in the production of the Local Plan during which the local community and stakeholders can get involved (see table below). The Local Development Scheme (LDS) sets out these key stages and the detailed timetable for production. The LDS can be viewed on the TMBC website.
| Key stages | Town and Country Planning (Local Plan) (England) Regulation 2012 (as amended | Consultation details |
|---|---|---|
| Plan preparation | Regulation 18 | A period of on-going consultation with communities and stakeholders, including at least one formal public consultation period for a minimum of 6 weeks on an issues and options draft of the Plan. |
| Plan publication | Regulation 19 | Statutory public consultation period of 6 weeks on the draft Plan. This is effectively the final stage when representations can be made to the Council |
| Submission of plan to Seceratry of State | Regulation 22 | A copy of the proposed Local Plan and associated documents are submitted to the Secretary of State for examination. |
| Independend examination | Regulation 24 | An Independent Inspector is appointed to examine the soundness of the Plan. At this stage, the Council cannot consider new formal representations. However, opportunities exist for additional statements to be made to the Inspector to elaborate on representations previously made under Regulation 19. Those parties who made representations under Regulation 19 may also be invited by the Inspector to participate in Hearing Sessions. |
| Receipt of inspector's report, main modifications and adoption | Regulation 25 and 26 | The Inspector writes a report of the examination and decides what changes (if any) need to be made. Once this report is received, the Council have to amend the plan in line with the recommendations. It is this version of the Plan that will be adopted. |
Duty To Cooperate
In relation to Plan making, the government introduced a Duty to Cooperate in the Localism Act 2011; many of the consultees required under the Duty to Cooperate are already included in the list of ‘statutory consultees’ and ‘general consultation bodies’.
This Duty to Cooperate is not defined as consultation, but ensures that we work with neighbouring authorities and other public bodies to address strategic issues that affect Local Plans and cross boundary matters such as roads and secondary education provision. This will ensure that infrastructure providers are involved in decisions about how the borough may change over time, and are able to incorporate this into their own plans and strategies for the provision of their services. This is important as the planning system does not have control over all infrastructure and services, and is therefore reliant on partner organisations. We will report on how the Council has met the Duty to Cooperate in our Annual Monitoring Report (AMR).
Supplementary Planning Documents
A Supplementary Planning Document (SPD) is a document which can be used to add further detail to policies in a Local Plan. They can be used to provide additional guidance on the development of a specific site or on a particular issue. SPDs are a material consideration in determining planning applications, but do not form part of the development plan. The following table provides an overview of the preparation stages:
| Key stages | Town and Country Planning (Local Plan) (England) Regulations 2012 (as amended) | Consultation details |
|---|---|---|
| Consultation on draft SPD | Regulation 12 | A copy of the proposed SPD is made available for public consultation for a period of 4- 6 weeks. |
| Adoption | Regulation 14 | Following public consultation, the draft SPD may be amended to take into account issues raised before being adopted by the Council. |
The National Planning Policy Framework (updated July 2021) states that SPDs should only be produced where they can help applicants make successful applications or aid infrastructure delivery and should not be used to add unnecessarily to the financial burdens on development.
How we will consult on draft plans
Local Authorities are required to publish all consultation documents on their website and make copies available at the Council offices, in the case of Tonbridge and Malling this is the Gibson Building, Kings Hill and Gateway at Tonbridge Castle (unless this is unachievable due to national or local lockdowns associated with the Covid-19 pandemic).
We recognise the value in going beyond these measures and including more of the community in the planning policy process in order to best reflect local needs and priorities, and to maximise engagement. To reflect this, we will apply the following general principles to consultations where appropriate:
- We will work with parish councils and elected Members to achieve consensus
- We will make full use of community information networks, including local publications to disseminate information and seek views
- We will seek views of interested and affected parties as early as possible
- We will continue to co-operate with neighbouring boroughs and public bodies to ensure that strategic matters are appropriately addressed
- Involvement will be open to all regardless of gender, faith, race, disability, sexual orientation, age etc
- We will consult local community and voluntary bodies
- We will choose consultation processes which balance appropriately cost and time constraints, community impact and available resources
- We will publish all consultation documents and response forms on the website
- We will seek to maximise the use of electronic communication methods when contacting stakeholders and the community
- Consultation publications will be clear and concise and avoid unnecessary jargon, without understating the complexities of any decisions; and
- We will inform those who respond to a consultation of any outcomes and of later stages in the process.
Depending on what TMBC is consulting on, the type of consultation method may vary. We may therefore look to utilise any of the following specific methods of consultation:
- Notify everyone on our consultation databases by email and/or letter
- Publish adverts in the local press and local publications
- Use social media (Twitter @TMBC_Kent, Facebook ‘Tonbridge and Malling’, Instagram @tmbc.kent)
- Hold public meetings or in-person consultation events/exhibitions
- Use our website to publish information • Hold video conferences or meetings via Zoom or Microsoft Teams
- Hold workshops online or in-person
- Publish video guides/presentations or explainer videos to communicate key messages about what we are doing and share these via our website, social media and on request
- Publish leaflets and updates (hard copy and digital) • Send letters and information
- Place notices on Council owned boards and those owned by parish councils
- Hold targeted workshops or meetings with identified groups (including those considered hard-to-reach) • Digital/interactive consultations utilising specific software
- Make hard copies of documents available (unless made impracticable by national or local lockdowns as discussed).
- Providing documents on our website and hard copies for those without internet access (for planning policy consultations only).
Arrangements will be made to make all documents available in alternative formats such as braille, should this be required. Assistance for those whose first language is not English will be provided, including, where appropriate the use of Language Line.
Sustainability Appraisal
Local Authorities must undertake a Sustainability Appraisal (SA) of their Local Plan. Sustainability Appraisal (SA) aims to ensure that the policies and proposals reflect the principles of sustainable development. An SA Scoping Report was prepared at the start of Local Plan preparation, and further SA work will be undertaken whilst preparing each stage of the Local Plan. A Final SA Report will be published and consulted on alongside the Local Plan Publication Stage (Reg 19).
How your comments help
The information we obtain through community and stakeholder engagement will be used to inform our decisions and shape the documents we produce. We acknowledge that an important part of community involvement is to report back to those who have taken the time to get involved. Whilst we welcome and encourage comments, it can be difficult to find solutions that satisfy all stakeholders, but we do listen and seriously consider all comments and suggestions that are put forward in response to consultations.
Following a period of consultation, a summary report will be produced outlining all representations received. This is a formal stage of the Local Plan process, and a consultation report will be submitted to the Planning Inspectorate with the draft Plan for independent examination (Reg 22).