Out-Law / Your Daily Need-To-Know

A Planning Inspector has recommended that Mid Sussex District Council withdraws its draft District Plan from examination after finding that the plan has not complied with its duty to co-operate under the Localism Act.

Following a hearing session in November, the Inspector appointed to carry out the examination of the plan wrote (10-page / 120KB PDF) to the Council saying that, because the Council had not given "satisfactory consideration to meeting the unmet development needs of nearby local planning authorities, the duty to co-operate had not been met.

The Inspector said that, although there was evidence of "some co-operation" between the Council and nearby local planning authorities following the submission of the plan, these meetings were "too late to be effective" because the outcomes would not have been "embedded as an integral element" in the plan making process.

"Nevertheless it does demonstrate a more robust commitment to meaningful engagement and in the months to come there is the potential for significant progress to be made," he added.

The Inspector advised the Council to undertake a more rigorous assessment of cross-boundary issues whilst ensuring that it meets the requirements of the duty to co-operate, carry out the necessary consultation and re-submit the plan "as soon as possible".

He said that the Council will also have to withdraw its community infrastructure levy draft charging schedule because there will be no up-to-date relevant plan for the area.

The Council said in a statement that it will "carefully consider the Inspector’s comments and do whatever is required to secure a successful local plan as quickly as possible".

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