Question to the Department for Levelling Up, Housing & Communities:

To ask the Secretary of State for Housing, Communities and Local Government, if he will publish the role and remit of local plan inspectors.

I refer my Rt Hon Friend to the answers given to Questions UIN 143714 and UIN 143713 on 17 May 2018.

The role and remit of Planning Inspectors is set out in the Planning and Compulsory Purchase Act 2004. Planning Inspectors act on behalf of the Secretary of State to assess the soundness of a Local Plan in line with national planning policy, following a transparent and rigorous public examination process. The Inspector is responsible for making recommendations to the local planning authority on whether or not the plan is sound. However, the Inspector can only make such recommendations if formally requested to do so by the local planning authority.

During the examination, the Inspector can recommend ‘main modifications’ (changes that materially affect the policies) to make the plan sound and legally compliant but only if asked to do so by the local planning authority. The council can also put forward ’additional modifications’ of its own to deal with more minor matters. The local authority will be required to consult on “main modifications” and the Inspector’s Report will be issued following the consideration of any representations by the Inspector.

The decision whether to adopt a Local Plan is made by the local planning authority. They may choose to withdraw a Local Plan after considering the Inspector’s report. While there is no formal mechanism to appeal against the recommendations in an Inspector’s report, the adopted Local Plan could be challenged in the High Court on a point of law.