Modifications Consultation: Frequently asked questions

1. What is this consultation about?

The Planning Inspector has requested we make some changes to the Development Plan Document (DPD) as part of the examination process.

The focus is on the new changes rather than the whole DPD because we carried out a comprehensive consultation and engagement process before reaching this stage. The Planning Inspector will be considering comments on the proposed changes in relation to ‘legal compliance’ and ‘soundness’.

Legal compliance relates to whether the DPD meets legal requirements including the duty to cooperate with relevant organisations.

Soundness comprises four components:

• (a) Being positively prepared – seeking to meet the area’s, and potentially neighbouring areas’, needs.
• (b) Being justified – being based on research having considered other reasonable alternatives.
• (c) Being effective – being able to be delivered over the plan period.
• (d) Being consistent with national policy – meeting the requirements of the National Planning Policy Framework.

If you submitted comments on previous versions of the DPD (during the Regulation 18 and Regulation 19 consultation stages), the Inspector will be aware of the comments and will have been considering them as part of the examination.

Therefore, this consultation is inviting comments on the Modifications only.

2. What are Main Modifications?

Main Modifications are changes which will affect the overall ‘soundness’ of the DPD and will ultimately enable the DPD to be adopted.

Soundness is defined in the National Planning Policy Framework (NPPF). It relates to the summarised criteria:

• (a) Being positively prepared – seeking to meet the area’s, and potentially neighbouring areas’, needs.
• (b) Being justified – being based on research having considered other reasonable alternatives.
• (c) Being effective – being able to be delivered over the plan period.
• (d) Being consistent with national policy – meeting the requirements of the National Planning Policy Framework.

In the Schedule of Modifications in the consultation documents, each modification is noted as being either Main or Minor.

3. What are Minor Modifications?

Local planning authorities can choose to make Minor Modifications to the plan before it is adopted. Minor Modifications are changes that do not materially affect the plan’s policies and are usually made to respond directly to requests from the Inspector.

Local Planning Authorities may include the Minor Modifications as part of the consultations that take place at this stage.

In the Schedule of Modifications in the consultation documents, each modification is noted as being either Main or Minor.

4. What other documents are being consulted on?

In addition to the Modifications, and in accordance with statutory requirements, the councils have prepared an update to the Sustainability Appraisal and an update to the Habitats Regulations Assessment.

These have been updated to reflect the modifications suggested by the Inspector and can be commented on as part of this consultation.

An updated Policies Map has also been prepared which reflects the Modifications where relevant.

5. If the scope of the current stage of consultation is limited, then why should I bother responding?

The councils and the Planning Inspector will review all of the consultation responses, respond to comments and this may lead to the recommendation of further modifications.

The Inspector will decide if more public hearings are required to discuss people’s comments and if so, these will be arranged, and the Inspector can invite members of the public to speak at these sessions.

The Inspector will then write his final report on the DPD taking into account the consultation responses. He will set out if he considers the DPD to be sound and direct any further changes that he deems necessary to make the DPD sound.

6. What are the next steps with the DPD?

The examination programme is in the control of the Planning Inspector, but it is likely to comprise of:

• The councils and the Inspector will review representations made as part of the modifications consultation, respond to comments and may recommend any further modifications. The Inspector will decide if further public hearings are required and if so, hearings will be held.
• The Inspector will then write his final report, setting out if he considers the DPD to be sound and directing any further changes he deems necessary to make it sound.
• Should the DPD be deemed sound, the councils will decide whether to adopt the plan.
• Officers envisage that the DPD is likely to be considered for adoption in Spring 2025.

7. Is this the last chance to comment on the DPD?

This is down to the Planning Inspector. If the Inspector decides to carry out public hearings, people will be invited to attend and provide comments.

Following the adoption of the DPD, the councils are required to undertake a review within five years and you will be able to comment as part of future public consultations.

8. How do I comment?

The easiest way to submit your representation is through the online Consultation Portal at Tendring Colchester Borders Garden Community - Consultations (oc2.uk).

Using the online consultation portal ensures accurate interpretation of your representation, guaranteed receipt within the deadline, and the most efficient use of the councils time during the examination process.

You can also comment by completing a representation form which can be downloaded from the Examination Website and emailed to tcbgardencommunity@colchester.gov.uk or posted to:

Planning Policy
Colchester City Council
Rowan House
33 Sheepen Road
Colchester CO3 3WG

9. When does the consultation start and end?

A six-week consultation on the modifications is to occur from 10 September 2024 and ending on 21 October 2024. All relevant comments received during the consultation period will be considered by the Inspector before any modifications are finalised.