Updated July 2025
Planning law and policy states that the Development Plan is at the heart of the planning system, setting out a vision and framework of policies for the future development in an area, addressing needs and opportunities.
Development Plans may be a single comprehensive Local Plan document or can be made up of a series of Development Plan Documents (DPDs).
In England, strategic policies, which set out an overall strategy for the pattern, scale and design quality of places, should look ahead over a minimum 15-year period from adoption but where new settlements or significant extensions to settlements and towns form part of the strategy, policies should look further ahead to at least 30 years. Policies are required to be reviewed every five years to assess whether they need updating, taking into account changing circumstances affecting the area or any relevant changes to national policy.
Planning applications are determined on their accordance with the Development Plan, unless material considerations indicate otherwise. It is therefore beneficial to engage with the plan making process to seek to shape policy favourably.
How are Local Plans produced?
Local authorities should assess future needs and opportunities in their area through the process of gathering evidence, undertaking a Sustainability Appraisal, and public consultation.
Regulation 18 Consultation
Regulation 18 of the Town and Country Planning (Local Plan) (England) Regulations 2012 sets out the first formal stage in the consultation process. Sometimes called ‘Issues and Options’, ‘Preferred Options’ or ‘Draft Local Plan’ these consultations ask for initial views on key topics or themes, over a minimum six-week period, inviting interested parties and statutory consultees to make representations. Some authorities undertake multiple Regulation 18 consultations before moving to the next steps.
Regulation 19 Consultation
Regulation 19 consultations involve the publication of a ‘Proposed Submission Draft Plan’. This should include a policies map and the full set of supporting documents intended for submission to the Secretary of State, such as the Evidence Base, Habitats Regulation Assessment and Sustainability Appraisal, as well as the proposed wording and supporting text for the emerging policies.
Submission
Once complete, the authority may submit the Draft Plan and associated documents to the Secretary of State for an examination. The submission should also include all representations received in response to the Regulation 19 Consultation and any changes proposed by the authority.
Examination
The Examination in Public is administered by the Planning Inspectorate on behalf of the Secretary of State.
Hearing sessions are arranged by the appointed Inspector(s) to allow for discussion on the legal compliance and relevant topics. Those who have made representations at the Regulation 19 stage are invited to make further representations now, either through a written statement or through oral participation at a hearing.
Inspectors are required to work with the authority to identify fundamental concerns as early as possible, looking to resolve issues within the examination timetable, or if necessary pausing the examination to allow for an authority to undertake additional evidence gathering.
Local Plans are found ‘sound’ where they are:
a. Positively prepared
b. Justified
c. Effective
d. Consistent with national policy.
If necessary the Inspector may request modifications to the plan to ensure soundness. Additional stages of public consultation are required for major modifications. The Inspector may also seek to include triggers for an early review period.
The examination is concluded when the Inspector provides a final report to the authority, either finding the plan sound and recommending it for adoption, or recommending it be withdrawn and a new plan prepared.
Throughout the process members of the public and other interested parties should be kept informed of the authority’s intentions and timescales through the publication of a Statement of Community Involvement and a Local Development Scheme.
Further information
Contact Lydia Voyias or Jonathan Dixon
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