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Modifications to the Derbyshire Dales Pre-Submission Draft Local Plan

Modifications

On 19th December 2016, the District Council submitted the Derbyshire Dales Pre Submission Draft Local Plan to the Secretary of State for Independent Examination. The Secretary of State, in accordance with Section 20 of the Planning and Compulsory Purchase Act 2004 (as amended), appointed Mr. M. Dakeyne BA(Hons) MRTPI as the Inspector to undertake the independent examination of the Local Plan.

The Inspector conducted a series of public hearings as part of the examination process which concluded on Tuesday 23rd May 2017. The Inspector has now written to the District Council to confirm the Examination can proceed to consultation on the Main Modifications. 

Main Modifications (MMs) are proposed changes to the submitted Derbyshire Dales Local Plan, that are required in order to make the Derbyshire Dales Local Plan sound and legally compliant. The content of the Main Modifications being derived from the Examination as a whole, including discussions and evidence at the hearings sessions of the Examination in Public.

In addition the District Council has produced a Schedule of Additional Modifications and a Schedule of Modifications to the Policies Maps and Diagrams to support the Main Modifications. These are to correct errors and provide clarification in interpreting the policies of the plan.

The Sustainability Appraisal and Habitats Regulations Assessment has been updated to reflect the modifications, it can be seen here, the screening of the modifications and the non-technical summary can be seen in the Examination Library.

The modifications to the Pre-submission Draft Local Plan (August 2016) were reported to Special meeting of the Council on the 28th June and approved for consultation, you can see the report here and watch the meeting here [external link].

Have Your Say

The consultation on all the Modifications to the Derbyshire Dales Local Plan started on the 3rd July 2017 and ran for 6 weeks, closing at 5pm on 14th August 2017. The consultation has now ended.

  • Please note all comments and the name of the individual, or organisation responsible for them will be available in the public domain, and may be viewed at the Council offices.
  • Please also note that a separate survey will need to be filled out for each modification.

Main Modifications Consultation

Main Modifications are proposed without prejudice to the Inspector’s final conclusions on the Local Plan which will take account of all representations submitted in response to this consultation. Representations should be made regarding legal compliance and soundness. This is not an opportunity to raise again matters relating to other parts of the submitted Plan that have already been considered by the Inspector during the Examination in Public. The Inspector will only consider representations from this consultation which relate to the Main Modifications.

The general expectation is that issues raised during this consultation on the main modifications will be considered through the written representations process and further hearing sessions will only be scheduled exceptionally. However, respondents should indicate in the survey whether they would wish to be heard should the Inspector decide that further hearing sessions are necessary.

Comments on the Main Modifications should only focus on whether they the extent to which they make the plan legally complaint or ‘sound’.

Legal Compliance

  • The Local Plan is identified in the current Local Development Scheme (LDS) and that the key stages have been followed.
  • The Community Consultation has been carried out in accordance with the Council’s Statement of Community Involvement (SCI).
  • The Council has consulted the appropriate Statutory Consultees that it should consult.
  • The Council has fulfilled its Duty to Cooperate with other Local Planning Authorities, County Councils and other bodies with Statutory Functions.
  • The Local Plan complies with the Planning and Compulsory Purchase Act 2004 (as amended).
  • The Local Plan complies with The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2012
  • An adequate Sustainability Appraisal Report (SA) is published to accompany the Local Plan.

Test of Soundness

  • Positively prepared – 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 the reasonable alternatives, based on proportionate evidence;
  •  Effective – the plan should be deliverable over its period and based on effective joint working on cross-boundary strategic priorities; and
  • Consistent with National Policy – the plan should enable the delivery of sustainable development in accordance with the policies in the Framework.

You can see the Main Modifications here.

Additional Modifications

The Schedule of Additional Modifications sets out changes to the plan to correct errors and provide clarification. These changes do not relate to the soundness or legal compliance of the plan.  Your conmments on these will be considered by the Council not the Inspector.

You can see the Additional Modifications here.

Modifications to the Policies Maps and Diagrams

Schedule of Modifications to the Policies Maps & Diagrams are changes to correct errors and to update and to provide clarification in interpreting policies in the plan. Representations on these will be considered by the Inspector where they relate to the soundness of the geographical applicatiion of policies in the plan.  If they are changes that do not relate to the soundness or legal compliance of the plan they will only be considered by the Council.

You can see the Modifications to the Policies Maps and Diagrams here.

You can see the documents here:

Copies of the modifications documents are available at the following locations from Monday 3rd July - 14th August 2017:

Here's a video of the 28 June Special Council meeting at which councillors agreed to the new consultation on the Main Modifications: