Inspector Martin Pike - Local Plans

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Paul of the Woods Family

Dear Department for Communities and Local Government,

Can you tell me, how many 'local plans' across the UK has Inspector Martin Pike been appointed to consider?

What is Martin's experience, qualifications and background, that make him the best person for this role?

Yours faithfully,

Paul of the Woods Family

Curtis, Sarah,

Reference: OCT14

Dear Paul of the Woods family,

Thank you for your email of 25^th October 2014.  We normally aim to send a
full reply within 20 working days. In some instances where the issues
raised are complex, a more detailed investigation will be needed, often
requiring the views of those involved with the case.  This may mean that
we cannot reply to you as quickly as we would like.  We still aim to keep
you informed about the progress of your correspondence.

I should also explain that while we will look into your points thoroughly,
we have no power to change or reconsider an Inspector’s decision. Whatever
the result of our investigations, if we find factual errors or other clear
mistakes or omissions, we will say so and apologise, and under certain
circumstances with certain types of casework, we may be able to correct
minor slips such as typographical errors.  More information can be found
in Annexe P to our Procedural Guide*, which can be found at
[1]http://www.planningportal.gov.uk/plannin....
Please note that we cannot change the outcome.

Only a successful legal challenge in the High Court can lead to an
Inspector’s decision being quashed and reconsidered. The time limits for
making a challenge are explained in Annexe L of the Procedural Guide.  We
have no power to extend the Court’s time limit, regardless of whether we
have been able to give you a full reply before it expires.

Annexe Q of the document deals with Feedback and complaints.

* The principles of the Annexes to our Procedural Guide apply to the
majority of casework handled by the Planning Inspectorate.  Details may
vary according to the specific type of case. 

Yours sincerely,

Sarah Curtis
Quality Assurance Assistant
The Planning Inspectorate
1/23, Hawk Wing, Temple Quay House, 2 The Square, Temple Quay, Bristol,
BS1 6PN

[2]http://www.planningportal.gov.uk/plannin...
Twitter: [3]@PINSgov
Email: [4][email address]
Complaints Line: 0303 444 5884

This communication does not constitute legal advice
Please view our [5]Information Charter before sending information to the
Planning Inspectorate

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References

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Paul of the Woods Family

Dear Curtis, Sarah,

Thank you for your detailed response. But that doesn't answer my original question.

With regard to your comment, "Only a successful legal challenge in the High Court can lead to an Inspector’s decision being quashed and reconsidered."

Surely each local authorities elected Councillors have the free choice to vote against an Inspector's decision?

Yours sincerely,

Paul of the Woods Family

Web Complaints,

Dear Paul of the Woods family,

Thank you for your email below. I have passed it to the Quality Assurance Officer who is looking into your query. The Quality Assurance Officer will contact you in due course.

Kind regards,

Sarah Curtis

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Dear Mr Woods

As you know your query was forwarded here, to the Planning Inspectorate.

In answer to your questions below:

1. Martin Pike has examined three previous plans of which 2 were Core Strategies and 1 an Area Action Plan. He is also currently examining 2 plans which are both Core Strategies.

2. His particular experience, qualifications and background - including extensive, appropriate and continuous-professional-development training since becoming an Inspector - are deemed, as would be those of any other Inspector, to be germane to his properly fulfilling his statutory duties in respect of whatever he is appointed to undertake.

3. In answer to the question in your further email:

"Surely each local authorities elected Councillors have the free choice to vote against an Inspector's decision? ", our statement ("Only a successful legal challenge in the High Court can lead to an Inspector’s decision being quashed and reconsidered.") is part of our standard auto-response to queries about appeal decisions and is plain fact.

But that in no way affects the powers of locally-elected councillors in relation to planning APPLICATIONS or, at the same time, means that previous appeal decisions will not constitute material considerations in relation to a planning application.

I appreciate that these are general remarks but I hope I provided some clarification.

Yours sincerely
Ian Kane
Quality assurance officer.

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Paul of the Woods Family

Dear Kane, Ian,
You stated, "Surely each local authorities elected Councillors have the free choice to vote against an Inspector's decision? ", our statement ("Only a successful legal challenge in the High Court can lead to an Inspector’s decision being quashed and reconsidered.") is part of our standard auto-response to queries about appeal decisions and is plain fact.

But that in no way affects the powers of locally-elected councillors in relation to planning APPLICATIONS or, at the same time, means that previous appeal decisions will not constitute material considerations in relation to a planning application."

Is the local plan considered 'a planning application'?

DO locally elected Councillors have the powers to vote to reject a 'local plan' once it's been approved by an Inspector?

Yours sincerely,

Paul of the Woods Family

Dear Mr Woods

A local plan is not a planning application. It is submitted for 'examination' - in public, by an Inspector - as to whether it is 'sound' ( i.e. justified, effective and in conformity with national policy).

The Inspector will produce a report with 'recommendations' which will be put to Members to decide whether to adopt.

The Council can only adopt in accordance with the Inspector's recommendations - they can't reject a recommendation(s) and still adopt. If they don’t want to proceed to adoption based on the Inspector's recommendations, they have the option to withdraw the plan and go back to an earlier stage of plan preparation.

Yours sincerely
Ian Kane

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