Introduction
Braintree District Council, Tendring District
Council and Colchester Borough Council, have
each published their own Publication Draft Local
Plan for consultation. Section 1 is common to
each plan. This response form can be used to
respond to any part of the 3 Plans. It is important
to specify which.
The 3 Plans have been published in order for
representations to be made prior to submission
of the documents to the Planning Inspectorate
for examination. All representations will be
examined by a Planning Inspector. The purpose
of the examination is to consider whether the Plan
complies with the legal requirements, the duty to
co-operate and is sound.
Each Local Plan has two parts:
Publication Draft Local Plan Section 1 - A set
of strategic policies constructed in partnership
between the three authorities and Essex
County Council. This means that the Section 1
policies are intended to apply across all three
Local Authorities. These policies include those
relating to Garden Communities, housing supply
,
employment, shopping and the environment.
You can send your response to any one of the
authorities as all responses to Section 1 will be
collated. Only 1 response to the 3 authorities is
required.
Publication Draft Local Plan Section 2 - relates
to the specic district, contains more detailed
policies and is used to determine planning
applications. If you wish to comment on the
Braintree Publication Draft Local Plan Section
2 you should send your comments to Braintree
District Council.
If you would like assistance in completing your
representation or have any other questions
about the Publication Draft Local Plan please
contact the Planning Policy Team by email
planningpolicy@braintree.gov.uk or by phone on
01376 552525 and ask for Planning Policy.
GUIDANCE NOTES
& RESPONSE FORM
to accompany the Publication Draft Local Plan (2017)
Braintree
District
Council
LOCAL
Shape your district
2017-33
PLAN
Please read these guidance notes before completing the response form
Part A - Personal Details
Please note that it is not possible for
representations to be considered anonymously.
Representations will be published on the
Council’s websites and included as part of the
Publication Draft Local Plan submissions to
the Inspector. Address and contact details will
removed from published responses. (Village/town
shown).
The Council reserves the right not to publish or
take into account any representations which it
considers oensive or defamatory.
Please supply an email address if you have one
as it will allow us to contact you electronically.
Everyone who submits a representation will be
added to the relevant consultation database (if
not already included) so that we can keep you
up to date with the plan. If you do not wish to be
contacted in this way please state this clearly on
the form.
If an agent or consultant has been engaged to act
on your behalf please ll in both sets of details in
full. Correspondence will be sent to the agent. If
you are a landowner with an agent acting on your
behalf, please ensure that your agent knows the
site name and reference number which your site
has been given.
Part B - Representation
Please specify which section of the Publication
Draft Local Plan your comments relate to, by
choosing one of the following;
Section 1 A response to this section will be
reported to all 3 authorities.
Section 2 Colchester
Section 2 Tendring
Section 2 Braintree
Which part of the plan are you responding to
(please use one form per submission):
Paragraph:
for a representation on wording or
paragraph content
Policy: for a representation on the wording
or inclusion or omission of a policy
Other: for example a map inset number,
site reference or the wording or
content of tables or appendices
Legal Compliance and Duty
to Co-operate
If commenting on how the Publication Draft
Local Plan has been prepared, it is likely that
your comments will relate to a matter of legal
compliance.
The Inspector will check that the Plan meets the
legal requirements
You should consider the following before making
a representation on legal compliance:
The Plan should be included in the current
Local Development Scheme (LDS) and the
key stages should have been followed.
The process of community involvement
for the Plan in question should be in general
accordance with the Statement of
Community Involvement (SCI).
The Plan should comply with the Town
and County Planning (Local Planning)
(England) Regulations 2012 (the Regulations).
On publication, the LPA must publish the
documents prescribed in the Regulations;
making them available on its website and at
its principal oces. It must also notify the
Local Plan bodies (as set out in the
Regulations) and any persons who have
requested to be notied.
The LPA must provide a Sustainability
Appraisal Report. This should identify
the process by which it has been carried out,
baseline information used to inform the
process and the outcomes of that process.
LPAs will be expected to provide evidence of
how they have complied with the Duty to
Co-operate.
Non-compliance with the duty to cooperate
cannot be rectied after the Plan’s
submission. Therefore the Inspector has no
power to recommend modications in this
regard. Where the duty has not been
complied with, the Inspector has no choice
but to recommend non-adoption of the Plan.
These plans are
specic to each
authority.
}
Soundness
Soundness is explained in National Planning
Policy Framework (NPPF) paragraph 182. The
Inspector has to be satised that the Plan is
positively prepared, justied, eective and
consistent with national policy.
More details and further guidance on what is
meant by the term ‘soundness’ can be found
below and at; www.planningportal.gov.uk
Positively prepared
This means that 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 reasonable alternatives,
based on a proportionate, robust and credible
evidence base.
Effective
The Plan should be deliverable over its period
and based on eective joint working on cross-
boundary strategic priorities, sound infrastructure
delivery planning and no regulatory or national
planning barriers. It should be exible to changing
circumstances
Consistent with national policy
The Plan should be consistent with national
policy. Departure must be clearly justied.
If you think the content of the Plan is not sound
because it does not include a policy where it
should do, you should go through the following
steps before making representations:
Is the issue with which you are concerned
already covered specically by national
planning policy? If so it does not need to be
included?
Is what you are concerned with covered by
any other policies in the Plan on which you
are seeking to make representations or in any
other Plan?
If the policy is not covered, how is the Plan
unsound without the policy?
If the Plan is unsound without the policy, what
should the policy say?
Using the spaces provided please give details of
why you think the Publication Draft Local Plan is
not ‘sound having regard to the legal compliance,
duty to cooperate and the four requirements
set out above. You should try to support your
representation by evidence showing why the Plan
should be modied. If your representation is
over 100 words please include a summary of
its main points in the box provided.
It will be helpful if you also say precisely
how you think the Plan should be modied.
Representations should cover succinctly all
information, evidence and supporting information
necessary to support/justify the representation
and suggested modication, as there will not
normally be a further opportunity to make
submissions based on the original representation
made at publication.
Where there are groups who share a common
view on how they wish to see a Plan modied,
it would be very helpful for that group to send
a single representation which represents the
view. In such cases the group should indicate
how many people it is representing and how the
representation has been authorised.
All the formal representations received during this
stage will be submitted to and considered by the
appointed independent Planning Inspector at the
public examination on the Plan. The process is
likely to include public hearings. The Inspector
will determine the most appropriate procedure to
adopt to hear those who choose to participate at
this stage. If you would like to appear and speak
at the hearings, please state this and explain
in the space provided why you consider it is
necessary that you participate.
Representations can be sent:
Via the Council’s online consultation portal:
www.braintree.gov.uk/
publicationdraftLP
Via a representation form which can
be downloaded from the website and
returned via email to
localplan@braintree.gov.uk
or by post to:
Planning Policy,
Braintree District Council
Causeway House
Braintree
CM7 9HB
Responses are encouraged via the council’s online consultation system available on the website,
see www.braintree.gov.uk/newlp However, this form can be returned electronically to
localplan@braintree.gov.uk or in hard copy if necessary to:
Planning Policy, Braintree district Council, Causeway House, Bocking End, braintree, CM7 9HB
The consultation runs from 9am Friday, 16th June to 5pm on Friday, 28th July 2017
This form has two parts:
Part A - Personal Details and Part B - Your comments
Draft Local Plan
RESPONSE FORM
1. Personal Details
Title
First Name
Last Name
Organisation
(Where relevant)
Address Line 1
Address Line 2
Address Line 3
Post Code
E-mail Address
Telephone
Number
2. Agent’s Details (if applicable)
Title
First Name
Last Name
Organisation
Address Line 1
Address Line 2
Address Line 3
Post Code
E-mail Address
Telephone
Number
PART A
For internal Use only ID: Rep No:
Braintree
District
Council
LOCAL
Shape your district
2017-33
PLAN
REPRESENTATION FORM
Please Note: If your representation relates to Section One of the North Essex Strategic Plan / Garden
Communities you only need to respond to one of the Local Authorities. All representations received by
Braintree, Colchester and Tendring relating to Section One of the Plan(s) will be submitted together.
You do not need to return this form if you have completed a response using any of the Council’s online
systems for this consultation. Duplicates will not be considered
Please specify which section of the Publication Draft Local Plan your comments relate to by
choosing one of the following:
Section 1 Section 2 Colchester Section 2 Tendring Section 2 Braintree
Which part of the section are you responding to?
e.g. Paragraph/Policy/Map/Other
Do you consider the Local Plan is Legally compliant?
Yes No
Does it comply with the Duty to Co-operate?
Yes No
Do you consider the Local Plan is Sound?
Yes No
If you do not consider the Local Plan is sound, please specify on what grounds:
Positively prepared Justied Eective Consistent with National Policy
Enter your full representation here:
PART B
Continue onto next page
If your representation is more than 100 words, please provide a brief summary here:
Please specify the changes needed to be made to make the Plan sound / legally compliant
Do you wish to participate at the oral part of the examination?
Yes No
If Yes - you wish to participate at the oral part of the examination, please outline why you
consider this to be necessary
Please note the inspector will determine the most appropriate procedure to adopt to hear
those who have indicated that they wish to participate at the oral part of the examination.
Did you raise the matter that is the subject of your representation with the LPA earlier
in the process of the preparation of the Local Plan
Yes No
If yes which stage
Issues and Options Preferred Options
Do you wish to be notified?
When the document is submitted for independent examination?
When the Inspectors Report is published?
When document is adopted?
Braintree & Tendring: Return by 5pm 28th July 2017
(responses to section 2 Braintree and Tendring will not be accepted after this date. After
this date responses to Section 1 should be sent to Colchester Borough Council)
Colchester: Return by 5pm 11th August 2017
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