Updated Statement of Community Involvement 2023
2. Getting Involved in consultations on Local Plans, Development Plan Documents (DPDs) and other Planning Policy Documents
2.1 The Council has a statutory duty to prepare and keep an up-to-date Local Plan for the area.
The Warwick District Local Plan is part of the statutory development plan for the area.
- It sets out the strategy, policies and land allocations that guide future development.
- Planning applications for development must be in conformity with the Local Plan unless material considerations (see Appendix 2) indicate otherwise.
- Local Plan documents are subject to a Sustainability Appraisal (SA) which assesses the potential economic, social and environmental impacts of the policies and proposals within the Local Plan. This ensures that the positive effects are enhanced whilst ensuring any potentially adverse impacts are minimised or mitigated.
- SA's are prepared alongside the Local Plan and are also subject to same level of consultation as Local Plan. Sometimes a Habitat Regulation Assessment (HRA) will also need to be undertaken to determine whether the Local Plan would have any significant effects on internationally important nature conservation sites and, if so, suggest ways in which the impacts could be mitigated. Other planning policy documents, such as Supplementary Planning Documents (SPD), may also need a Habitat Regulation Assessment.
There are some other Planning Policy documents which you will be consulted upon which are included at Appendix 3 of this document.
Who we will involve
2.2 In preparing the planning policy documents the Council need to ensure that it meets a range of statutory responsibilities in terms of who and how it consults.
- Duty to Co-operate: this is a legal duty on local planning authorities and other public bodies to engage constructively, actively and on an ongoing basis to maximise the effectiveness of local plan preparation in the context of strategic cross boundary matters.
- Specific consultation bodies: statutory authorities such as neighbouring authorities, government agencies and utilities providers;
- General consultation bodies: including interest and amenity groups, residents' associations, property, trade and business associations, voluntary organisations whose activities benefit the City and bodies that represent issues of race, ethnicity, gender, age, sexual orientation, disabilities and those with caring responsibilities; and Residents, businesses and landowners located in the City.
2.3 The Council wishes to gather the views of a cross-section of the local population, including those who do not normally get involved or feel unable to do so, where possible. We encourage people to take part in consultations and offer their views or share with us, their local knowledge often unknown outside the local area, including historic information regarding our towns and villages.
2.4 The Council will make use of existing partnerships that already operate and engages effectively with relevant groups in the local area, including the community groups and those in the voluntary sector. Government Regulations require that certain organisations are consulted at key stages in the production of Local Plan documents. These are known as the 'statutory consultees'. We are also required to invite comments from other general consultation bodies we consider are appropriate, from a designated list. The list is included in Appendix 1.
2.5 Town and Parish Councils are key partners in the planning application and plan making process and are becoming increasingly important through the introduction of Neighbourhood Plans.
How we will involve you in the preparation of planning policy documents
2.6 A variety of consultation methods were used during previous consultations; the most effective, taking into consideration the issues being consulted on and the needs of participants will be employed at each stage of consultation.
2.7 It may be difficult to involve everyone in consultations of this sort. Some sections of the community may be difficult to reach using standard consultation techniques. The Council is hoping to overcome such barriers by developing its understanding of different consultation techniques over time and learning from experience. A variety of methods have and will be used during consultations taken from the list below and added to in time if we find other successful methods.
2.8 Use of IT has given greater accessibility to those with the knowledge of its use and access to the hardware. Documents are made available electronically, but we also produce hard copies in recognition of the fact that not everyone has the means to access electronic documentation. The Council will also consider the use of social media (e.g. Twitter/Facebook/LinkedIn) to help access "hard to reach" groups, especially young people.
2.9 We will aim to ensure a wide a circulation as we can, but it is not always possible or appropriate to undertake consultations using all the methods listed below. It is important therefore that the Council carries out consultation appropriate to the nature of the plan/policy or proposal. We will continue to provide printed copies of all consultation documents to allow access for all. Involvement will be open to all those who wish to be involved regardless of gender, race, disability, sexual orientation, age, rural isolation, social deprivation and social background. We will comply with the legal requirements for consultation. The Council will also endeavour to hold events such as public exhibitions in accessible locations and at appropriate times, where it considers it beneficial to do so.
2.10 There may be consultations where it may not be possible to provide access to hard copies of documents due to circumstances beyond the Council's control. A particular example being a global pandemic where the Council was unable to provide access to hard copies of documents due to restrictions on movement imposed by the Government or in order to protect the physical wellbeing of its employees. Where this is the case all other available channels of communication will be used in order to promote and deliver an effective consultation and the Council will provide notice on its website of the methods of communication being used in a particular consultation.
The Table below outlines the range of consultation methods that could be used. This is not an exhaustive list and we will adopt other methods as and where appropriate.
Table 1: Consultation and Engagement Technique
Method
Detail
The Council Website
The internet is an effective way to communicate with statutory consultees, individuals and community groups. Specific planning policy pages on our website are kept up to date with the latest on the preparation of the Local Plan and other planning policy documents. The website also provides the opportunity to gain feedback by using questionnaires and interactive documents as part our dedicated online consultation software.
Emails and letters
If your details are held on our consultation database, we will inform you preferably by email or by letter of upcoming consultations. To add your details to the database contact us at planningpolicy@warwickdc.gov.uk
Public exhibitions
Public exhibitions can be effective for the dissemination of information and where they are held in accessible locations. This allows the public to view proposals and talk to planning officers in an informal way. They normally take the form of 'drop in' sessions where officers will be available during a set time period and to explain what is being proposed. Feedback forms/questionnaires will be provided at public exhibitions to allow comment.
Public notices/press releases
Local press notices are sometimes required to fulfil statutory legal requirements. Normally this will mean a notice in the local newspapers. The Council may issue press releases for key stages in the production of important planning policy documents, at its discretion.
Questionnaires
Questionnaires are useful in helping individuals formulate their views on policies and proposals by providing a framework for their response. These can be made available at exhibitions or distributed through the deposit points and online. There are some stages of the consultation process where an official response form is the only method of participating to meet Government requirements. These will always be made available.
Social media
Social media is becoming increasingly important in the everyday lives of many people. Platforms such as Twitter and Facebook can be used to good effect in reaching members of the community and could be particularly effective for engaging with young people.
Opportunities to use these methods will be explored as part of consultations.
Focus Groups and workshops
These will be held, where necessary, to actively seek comments during the course of consultations or outside of formal consultation periods to inform policy development. Focus groups and workshops will be tailored to the consultation/issue under consideration and will be held at times and at locations convenient to the participants. A note will be taken of all meetings and circulated to attendees. Where undertaken as part of the formal consultation on a plan, these notes will also be published on the Council's website and included in a published consultation statement.
Advisory Groups
The Council will consider whether standing advisory groups are required, bringing together interested parties and experts to provide advice on a specific planning policy matter.
The planning teams involved in consultations
Planning Policy Team
2.11 This team is responsible for producing the evidence base and studies which inform policies that make up the Local Plan. They organise and lead consultation exercises on draft planning documents, summarise and consider responses and propose any subsequent amendments to the final documents.
Development Management Team
2.12 This team assesses planning applications in accordance with the adopted Local Plan, other Development Plan Documents and Neighbourhood Plans and other relevant material considerations such as the NPPF or relevant Supplementary Planning Documents (SPDs). This includes consultation responses and comments from the public collected as part of the process.
The Conservation Team
2.13 The Conservation Team are responsible for the protection and management of historic assets within the District, such as Listed Buildings and Conservation Areas. They are responsible for assessing Listed Building applications, protecting Listed Buildings from inappropriate alteration or demolition and providing advice.
2.14 All planning teams work closely with colleagues at Warwickshire County Council who provide professional advice on projects with land-use and spatial planning implications on matters within their remit.
What is the role of Councillors?
2.15 The role of local Councillors in representing the views and concerns of residents is very important in the planning process.
2.16 Local Councillors have a duty to represent those who elected them to office and have a key role to play in the planning process:
- Councillors sit on and attend Cabinet, Council and other committee meetings where they review and take decisions on the production and content of planning policy documents. They monitor services provided to ensure that they are delivered in the most efficient and effective way taking these policies into account.
- Planning Committee is made up of Councillors who make decisions on individual planning applications.
- Councillors voice support, comment on, or raise objection to, planning applications in writing, or by speaking on the behalf of residents at Planning Committees.
- Councillors work with officers in the preparation and development of any documents produced by the Council.
- Councillors may attend public meetings to listen independently to what is discussed at the meetings.
- Councillors represent their constituents and may often, with support from officers, provide advice to constituents.
Timescales
The regulations require minimum levels of consultation at given stages of a document preparation. Consultations on planning policy documents usually last for 6 weeks. However, the Council recognises that there are certain times of the year when this may need to be extended (except where the period is fixed by regulation). The following may apply:
Where the consultation period overlaps with Christmas, Easter, or August bank holidays, the consultation period may be extended at the Council's discretion.
When we will involve you in the Local Plan and Development Plan Document Production?
2.17 A Local Plan must be prepared in accordance with formal requirements set out in relevant planning legislation. The following table sets out the key stages of preparation and when the Council will involve you in Local Plan and other Development Plan Document (DPD) production.
Table 2: Quick Guide to Community Involvement in Local Plans and other Development Plan Document Production
Stage
How and when we will involve you
Political Involvement
Sustainability Assessment (SA) Stage
Pre - Preparation Issues and Options (Regulation 18)
The issues which the plan needs to address are identified and alterative options for the policies are considered
We will inform the evidence base by involving our partners and the community, including the statutory consultees.
- Consult for minimum 6 weeks.
- Make documents available on the website and through online consultation portal.
- Make documents available at Deposit points identified.
- Consult general and specific consultation bodies.
- Consult those on Mailing list.
- Consult Duty to Co-operate bodies.
- Arrange public meetings as appropriate including focus groups and workshops.
Portfolio Holder engagement
Stage A – set the scope and consult the environmental bodies[2]
Preparation - Preferred Options are selected and policies drafted. Non statutory consultation on draft Plan
The preferred options will be published giving everyone the opportunity to express their views. This stage will be published on our website with hard copies made available at deposit points[3].
- As above
- Issue consultation statement setting out comments received at Issues and Options Stage.
Make all evidence and documents prepared since Issues and Options Stage.
The Cabinet or relevant Joint Committee if a cross-authority document, will approve the preferred options before consultation takes place
Stage B – Develop and refine options whilst assessing their effects
Stage C – Prepare the SA report
Publication of the Plan (Regulation 19)
The Plan is published for a final stage of consultation prior to submission to Secretary of State
A further period of consultation on the soundness and legality of the Plan follows publication and this will be advertised on our website.
- As above
- Publish the Plan and supporting documents and evidence base on the website and consultation portal and provide details of physical location of hard copies.
- Publish information on how to respond to the consultation through a 'statement of representations procedure'.
- Contact those that have made representations at previous stages.
- Inform other appropriate bodies.
The Council will approve the Publication Draft
Stage D - Consult on the proposed DPD together with the SA report
Submission and Examination
An independent Planning Inspector appointed by the Secretary of State will carry out an examination of the document, including representations made during the Publication Draft consultation. This may be by written representations or more often through public hearing sessions.
Publicity relating to the public examination (when held) will be published on our website and will be displayed at deposit points with a minimum of 4 weeks' notice.
Main modifications to the submission DPD may be required to be made for reasons of soundness, in accordance with paragraph 35 of the NPPF (2021). This will require public consultation to be undertaken for a period of 6 weeks, on the identified proposed main modifications.
The Council will approve the Submission of the Plan
Adoption
The Inspector's report will be binding upon the Council. Adoption of the final document, as revised by the Inspector, will be published on our website and hard copies will be made available at deposit points.
Approval to adopt will be required from the Council
Monitoring & Review
The Plan will be reviewed where necessary and at least every 5 years.
Stage E - the implementation of plans and policies will be monitored at least on annual basis.
Authority Monitoring Report will be published annually on the Council's website.
*DPDs include Local Plans, Allocations Documents and Area Action Plans
[2] Natural England, Historic England and the Environment Agency
[3] Deposit points are normally Council Offices, Royal Leamington Spa Town Hall, One Stop shops/libraries around the district and Brunswick Healthy Living Centre, Royal Leamington Spa. In times of crisis (e.g. Global Pandemics) it may not be possible to provide hard copies to Deposit Points (please see paragraph 2.10).
When we will involve you in Supplementary Planning Document Production
2.18 Supplementary Planning Documents can be used to provide further detail and guidance on policies in the Local Plan or other appropriate documents. The following table sets out the key stages of preparation and when we will involve you.
Table 3: A Quick Guide to Community Involvement in Supplementary Planning Document (SPD) Production
Stage
How we will involve you
Political Stages
SA Stage
Pre-Production
We will inform the evidence base by involving our partners and statutory consultees.
Portfolio Holder engagement
Stage A – set the scope and consult where necessary, the environmental bodies[4]
Production
The evidence base will be used to prepare the draft SPD.
Comments will be invited from all interested parties and the wider community on the draft SPD and SA. Details will be advertised on our website.
- Consultation for a minimum of 6 weeks
- Publish on the Council's website and consultation portal.
- Make documents available for inspection at identified deposit points[5] for the length of consultation period.
- Consult general and specific consultation bodies.
- Consult Duty to Co-operate bodies.
- Consult those on the Council's consultation database.
Arrange meetings, presentations and other discussions if appropriate.
Approval of draft by Cabinet required prior to consultation
Stage B – Develop and refine options whilst assessing their effects
Stage C - Prepare the SA report
Adoption
SPD's are not subject to the independent examination stage.
- Publish a consultation statement setting out who was consulted, how they were consulted and a summary of issues raised and how they have been taken into account
- Send an adoption statement to all those individuals and organisations who commented on the draft and/or preliminary consultation and to those that requested notification.
- The adopted document will be published on our website and hard copies will to available to view at deposit points.
Cabinet approval of the amended document will be required prior to adoption
Monitoring & Review
SPD's may be reviewed, where necessary.
Stage E – Effects of implementing the document will be monitored.
Authority Monitoring Report will be published annually on the Council's website.
[4] These are Natural England, Historic England and the Environment Agency
[5] Deposit points are normally Council Offices, Royal Leamington Spa Town Hall, One Stop shops/libraries around the district and Brunswick Healthy Living Centre, Royal Leamington Spa. In times of crisis (e.g. Global Pandemics) it may not be possible to provide hard copies to Deposit Points (please see paragraph 2.10).
When we will involve you in Neighbourhood Plan Productions
2.19 Neighbourhood Planning was introduced by the Localism Act (2011). It is a mechanism for communities to influence the future of the places where they live and work by having more of a say in where new homes, businesses, shops and community facilities should be placed in their local area, along with being able to allocate sites for development. The Neighbourhood Planning (General) Regulations 2015 set out the statutory requirements for the preparation of Neighbourhood Plans and Development Orders. Neighbourhood Plans are prepared by Parish and Town Councils and Neighbourhood Forums. The Council has a role to play in this process as we provide technical advice and carry out conformity checks against national and local policies. An examination and subsequent referendum are held. The Council will then adopt the Neighbourhood Plan if it meets all the requirements. This makes it part of the statutory development plan for the district and is used to assist in the determination of planning applications in the area the plan covers.
2.20 The Neighbourhood Planning Act (2017) introduced a new requirement for SCIs to set out how the Local Planning Authority will support groups undertaking Neighbourhood Plans. The council's policy for supporting qualifying bodies and facilitating the process is through the provisions set out in table 4 below.
Neighbourhood Development Orders
2.21 Neighbourhood Development Orders are prepared by Parish and Town Councils and Neighbourhood Forums. They have the same effect as a Local Development Order and can grant planning permission for specific types of development for a specific site or type of development in the neighbourhood area. The Council provides the same support and advice as for Neighbourhood Plans at the statutory stages of the process.
A Community Right to Build Order is a form of Neighbourhood Development Order that can be used to grant planning permission for small scale development for the benefit of the community on a specific site. These are prepared by constituted community groups.
Local Development Orders
2.22 A Local Development Order allows certain developments to go ahead in a specific area without the need for planning permission, provided that the type of development is covered by the order. There are periods of consultation attached to these Plans and Orders although they are only the responsibility of the local authority in the final stages.
Table 4: Assistance and support for a Neighbourhood Development Plan (NDP)
Key Stages
Parish/Town Council
Warwick District Council
- Pre-designation
Before submitting an application to designate the neighbourhood area the Parish/Town Council may decide to consult the local community about preparing a neighbourhood plan.
- Advice as to the suitability of completing a plan and its scope including attending meetings or providing briefings.
- Designation of the Neighbourhood Plan Area.
Parish/Town Council forms the 'qualifying body' and submits the neighbourhood area designation application to the Council. The Council can designate the Neighbourhood Plan area without the need for any consultation if the following criteria is met:
- an application is received from a parish council
- the area specified in the application consists of the whole parish area; and
- if any part of the specified area applied for is already part of a neighbourhood area, none of that extends outside the parish council's area.
- Supply mapping where appropriate. Costs may apply.
- Draft Plan Preparation
The Parish/Town Council will:
- Secure Government funding grants.
- Appoint planning consultant (optional)
- Develop vision, aims and objectives.
- Initial evidence gathering
- Parish survey and publicity.
- Prepare the draft plan.
- Guidance and interpretation of the relevant legislative requirements.
- Provide advice on national and strategic policies as well as other appropriate regulations or legislation.
- Share evidence and information on planning issues and on funding or skills for neighbourhood planning.
- Advice on available evidence base documents.
- Help to interpret economic and housing need and liaise with external partners where appropriate.
- Provide relevant contact information for consultation including statutory consultees and local interest groups and bodies. Advice on undertaking consultation, publicity and engagement.
- Provide advice on draft policies and an informal view as to whether they are in general conformity with relevant local and national policies.
- Arrange for the draft plan to be screened for the potential requirement for a Strategic Environmental assessment (SEA) and arrange for the subsequent SEA if required.
- Pre-Submission Draft Plan (Regulation 14)
The Parish/Town Council will consult over a minimum six-week period.
The Council will provide feedback in the form of comments on the draft plan.
- Plan Proposals (Regulation 15)
Parish/Town Council prepares amended NDP, Consultation Statement and Basic Conditions Statement.
The Council will review the amended NDP, the Basic Conditions Statements and Consultation Statement to ensure that the Plan can proceed to Regulation 16 (submission) consultation.
- Submission (Regulation 16)
Parish/Town Council submits the amended NDP, Consultation Statement and Basic Conditions Statement to the Council.
Undertake a minimum six-week consultation on the submission plan.
If appropriate during the time of consultation, make documents available for inspection at the District Council offices, and at such other places within the local planning authority area as considered appropriate, during normal office hours.[6]
Publish consultation on Council website.
Notifications inviting representations will be sent to relevant persons, groups and organisations, as well as all those who have requested to be notified.
Advertisements and public alerts on social media.
Posters displayed in the locality (if appropriate at time of consultation).
- Examination
Appoints an Examiner in conjunction with the Council.
Make arrangements for the independent examination of the neighbourhood plan.
Submit the submission plan to the appointed examiner together with the consultation summary and all submitted responses.
Publish the Examiner's report on the website.
Assess the plan for compliance with statutory requirements that it meets the basic conditions set out in paragraph 8 of Schedule 4B of the Town and Country Planning Act 1990 (as amended) in order to proceed to referendum.
Work with the NDP group to take forward the recommendations within the Examiner's Report.
If a decision is taken to differ from any recommendation then arrange for a further 6 week consultation as required[7] (Regulation 17A)
- Referendum
Parish/Town Council may raise local awareness of the referendum using neutral promotional material.
Make documents available locally.
- Organise the referendum
- Provide publicity and Information for Voters guidance for the referendum
- Publish referendum results on the website and issue news release
- The Council 'makes' the NDP and issues the decision notice.
[6]Deposit points are normally Council Offices; Town Hall, Royal Leamington Spa; One Stop shops/libraries around the district and Brunswick Healthy Living Centre, Royal Leamington Spa. In times of crisis (e.g. Global Pandemics) it may not be possible to provide hard copies to Deposit Points (please see paragraph 2.10).
When we will involve you in the Community Infrastructure Levy
2.23 The Community Infrastructure Levy (CIL) is a planning charge, introduced by the Planning Act 2008 as a tool for local authorities in England and Wales to help deliver infrastructure to support the development of their area. It came into force on 6 April 2010 through the Community Infrastructure Levy Regulations 2010. New developments are often subject to this levy and the rates are set out in a document known as a Charging Schedule. A Charging Schedule has to be prepared in accordance with formal requirements set out in legislation. The following Table sets out the key stages of preparation for the CIL and when and how we will involve you. We are, in this case, the Charging Authority.
Table 5: Consultation Stages for the CIL Charging Schedule
Formal consultation stage and scope
Who is notified and how we publicise
Assessment of documents and consultation periods
Resulting consultation responses
Consultation on Preliminary Draft Charging Schedule (PDCS) or revised PDCS
The PDCS sets out the proposed rates for chargeable development in the charging authority's area
Comments are invited on the content of PDCS
The 'consultation bodies' [Reg. 15(3) of CIL regs.] are notified.
In satisfying Reg. 15(5) of CIL regs:
- All interested consultees on our database are notified
- Published on our website
Copy of documents sent electronically to the consultation bodies inviting their comments over a 4 week period.
All documents including details on the duration of consultation, are published on our website.
The charging authority takes into account any representations before it publishes a draft charging schedule [Reg. 15(7) of the CIL regs].
Publication of a draft charging schedule (DCS)
Comments are invited on the DCS
Consultation bodies [Reg. 15(3) of CIL regs.] are notified.
Published on our website.
Hard copy deposited at Council Offices, and deposit points.
Electronic copy of documents sent to consultation bodies.
Consultation not less than 4 weeks from date of local notice.
Reps. received within the prescribed period, will be reviewed.
Reps. are summarised and submitted to the examiner.
Persons making reps. on the draft Charging Schedule have the right to be heard by the Examiner, but must request this in writing within the timescale specified by the charging authority.
Submission of a draft schedule and information to the examiner
Information is submitted to an independent examiner. This includes the draft charging schedule, supporting evidence, summary of reps received, copies of reps. and any requests to be heard
Examiner seeks to ensure the Charging Authority strikes an appropriate balance between the desirability of funding infrastructure from CIL against the imposition of CIL upon economic viability of development across the area
Four weeks prior to opening of examination.
Notice on our website detailing:
- The venue and time for examination to be heard
- Name of examiner
We notify:
- Anyone making reps.
- Anyone requesting to be heard
If a person requests the right to be heard on a modification to the DCS then the same applies, but timescales are reduced to two weeks before the examination opens.
All information submitted for examination is published on our website for the duration of the examination and for 6 months after the Inspector’s report is published.
Publication of examiner's recommendation
Those who requested notification of the examiner’s recommendations and reasons.
Examiner’s recommendations and reasons made available for inspection at Council Offices and deposit points.
Published on our website.
Approval and publication of Charging Schedule
Following the examiner's recommendations, a report is presented to the Council where members must vote to approve the Schedule which has been examined
Notice to those who requested to be notified of the approval of the Charging Schedule.
Publish the Charging Schedule and report to the Council, recommending adoption.
Make the Charging Schedule available for inspection at Council Offices and deposit points.
Corrections of errors in Charging Schedule
Where there is a correctable error, the Charging Authority will issue a correction notice
Correction undertaken within 6 months of Charging Schedule approval by Council
If the correction notice was issued as a result of a request by a person in writing, a copy will be sent directly to them.
If the error to be corrected has an impact on the amount of CIL chargeable, a notice on our website will advise where the Charging Schedule and correction notice can be viewed.
Also persons will be notified that requested confirmation of the approval of the Charging Schedule.
A correction notice and revised Charging Schedule will be published on our website and hard copies made available at the Council Offices and deposit points.