Supplementary Planning Documents (SPDs)
SPD Preparatory Process
Purpose
Supplementary planning documents add further detail to policies in the Local Plan.
They can be used to provide further guidance for development on specific sites, or on particular issues, such as design.
Supplementary planning documents can be used where they can help applicants make successful applications or aid infrastructure delivery, and should not be used to add unnecessarily to the financial burdens on development.
Preparation
The preparation of supplementary planning documents is optional.
The justification for supplementary planning documents is addressed in paragraph 153 of the National Planning Policy Framework (NPPF) and the process for their preparation set out in Part 5 of the Town and Country Planning (Local Planning) (England) Regulations, 2012.
The process can be broken down into four key stages. A brief description of each stage is provided below.
1. Pre-production
A supplementary planning document must be based on an adequate, up-to-date and relevant evidence base.
Furthermore, early engagement and collaboration should take place with the local community, including neighbourhoods, local organisations and businesses, so that, as far as possible, it reflects an agreed set of priorities for sustainable development in the area, including those contained in any neighbourhood plans that have been made.
There is a Duty to Co-operate on planning issues that cross administrative boundaries, and to carry out joint working on areas of common interest.
- This stage is covered by Regulation 12 of the Town and Country Planning (Local Planning) (England) Regulations, 2012.
2. Formal Consultation
A formal public consultation, of not less than four weeks, to allow people to view and recommend changes to the supplementary planning document, should they wish to do so.
All representations will be carefully considered. Where the recommendations are considered beneficial, the supplementary planning document will be amended accordingly.
- This stage is covered by Regulation 13 of the Town and Country Planning (Local Planning) (England) Regulations, 2012.
3. Adoption
Pendle Council can adopt a supplementary planning document; there is no need for an independent examination. However, as soon as reasonably practicable after the date of adoption, the Council must:
- Publish an adoption statement in the local press and send a copy to any person who has asked to be notified of the adoption of the supplementary planning document
- Make all relevant documents and the adoption statement available at those locations where they were on display during the formal public consultation.
Supplementary planning documents are capable of being a material consideration in planning decisions but are not part of the development plan.
- This stage is covered by Regulation 14 of the Town and Country Planning (Local Planning) (England) Regulations, 2012.
Any person with sufficient interest in the decision to adopt a supplementary planning document may apply to the High Court, for permission to apply for a judicial review of that decision, not later than three months from the date of adoption.
- This matter is addressed by Regulation 11(c) of the Town and Country Planning (Local Planning) (England) Regulations.