Decision Maker: Executive
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: Yes
To seek approval to consult on Main
Modifications to the Bracknell Forest Local Plan (Submission
version) and associated documents for a statutory period of at
least six weeks.
i. the principle of making Proposed Main Modifications (outlined in Appendix A) to the Bracknell Forest Local Plan (Pre Submission version), and associated changes to the Policies Map be agreed.
ii. the Executive Director: Place Planning and Regeneration, in consultation
with the Executive Member for Planning and Transport, agree the draft wording of the Proposed Main Modifications and any consequential changes together with associated changes to the Policies Map and supporting
documents, prior to being submitted to the Inspectors for final agreement.
iii. the Executive Director: Place Planning and Regeneration, in consultation
with the Executive Member for Planning and Transport, agree the wording of the schedule of Minor Modifications.
iv. consultation on the Proposed Main Modifications to the Bracknell Forest Local Plan (Pre Submission version), consequential changes, amended Policies Map and supporting documents be agreed for a period of at least six weeks over the Summer of 2023.
i. As part of the examination process, the Inspectors must judge whether the BFLP is ‘sound’ as set out in paragraph 35 of the National Planning Policy Framework 2021 (positively prepared, justified, effective and consistent with national policy). The Inspectors’ Post Hearings letter received on 19th January 2023 makes it clear that Main Modifications are required in order to make the the BFLP sound and ultimately ensure that the Council has an up to date and robust planning framework to guide development which reflects current national policy and guidance.
ii. Any Proposed Main Modifications must be subject to public consultation before the Inspectors can make recommendations on them. Whilst the the Policies Map is not a development plan document, it illustrates geographically the application of policies in the plan. As certain Proposed Main Modifications have geographical consequences, it will be necessary to show them on the Policies Map. To ensure fairness, such proposed changes need to be subject to consultation alongside the Proposed Main Modifications. Associated SA/SEA and HRA documents must also be subject to consultation. A Schedule of Minor Modifications will also be published for information.
i. The alternative options are to:
(i) reject some or all of the identified Proposed Main Modifications to the Plan; or
(ii) suggest different or more wide-ranging modifications, beyond those required for soundness.
ii. The result of option (i) would almost certainly be that the Inspectors would find the Plan unsound and recommend non-adoption of the Plan. In practice, the Council would probably be asked to consider withdrawing the Plan before any such recommendation was made. This would mean reliance on policies in existing documents that are out of date, making it difficult to resist inappropriate development, and potentially resulting in planning by appeal.
iii. Option (ii) would carry the significant risk of the Inspectors needing to re-open the hearings. As well as the resource and time implications, it is not possible to guarantee that different proposed main modifications would result in a sound plan. This could result in further delays to the process, leaving the Council without up to date policies for an extended period.
Reason Key: Affects more than 1 ward;
Wards Affected: (All Wards);
Financial Impact: The consultation forms part of the examination process which is being funded from the Development Plan budget.
Subject to Urgent Proceedings: No
Making Representations: In writing to the Director of Place, Planning & Regeneration
Other reasons / organisations consulted
The Procedure Guide for Local Plan
Examinations (February 2022) issued by the Planning Inspectorate
makes it clear that the nature and duration of the consultation
should reflect that of the consultation held at the Regulation 19
stage. This means that it should last at least six weeks and
involve a range of methods of communication. These will include
setting up an online consultation event (including notification to
those on the local plan database), updating information on the
Council’s website, providing hard copies of information at
locations around the Borough (specific libraries, parish/town
council offices and Time Square) and putting information on the
Council’s social media pages.
• Neighbouring County, District and
• Specific consultees (such as ‘duty to co-operate’ bodies and specific consultees, including Environment Agency, Natural England, Historic England and Homes England).
• General consultees (including residents, landowners and bodies which represent the interests of different groups).
Contact: Andrew Hunter, Executive Director: Place, Planning & Regeneration Email: email@example.com Tel: 01344 351907.
Report author: Andrew Hunter
Publication date: 21/03/2023
Date of decision: 21/03/2023
Decided at meeting: 21/03/2023 - Executive
Effective from: 29/03/2023