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Regulation 19 Consultation - Legal compliance and soundness

The purpose of the Regulation 19 stage of consultation of the Local Plan is to address the following questions:

  • Has the plan been prepared in accordance with all legal and procedural requirements?
  • Does the plan meet the prescribed tests of soundness?

We have outlined the definition of these terms below. Representations in the Local Plan Consultation should be targeted to specific sections of the Local Plan, either a specific policy number or paragraph and must be made in writing. Further information about the plan making process, including the tests of soundness, can be found on the following websites:

Legal Compliance

  • The Local Plan should have been prepared in accordance with the Council’s latest Local Development Scheme.
  • The Local Plan should be accompanied by a Sustainability Appraisal and Habitat Regulations Assessment.
  • Consultation on the Local Plan should have been carried out in accordance with the Council’s Statement of Community Involvement.
  • The Council should have worked collaboratively with neighbouring authorities and prescribed bodies on strategic and cross boundary matters, known as the Duty to Cooperate.
  • The Local Plan should comply with all relevant laws including the Planning and Compulsory Purchase Act 2004 and the Town and Country Planning (Local Planning) (England) Regulations 2012.  

Soundness

Positively prepared – the plan provides a strategy which, as a minimum, seeks to meet Rutland’s objectively assessed needs (this includes the need for housing, employment, retail and other forms of development); and is informed by agreements with other authorities, so that unmet need from a neighbouring area is accommodated where it is practical to do so and is consistent with achieving sustainable development.

Justified - the plan includes an appropriate strategy, which takes account of the reasonable alternatives, and is based on proportionate evidence.

Effective - proposals are deliverable over the plan period and based on effective joint working on cross-boundary strategic matters, that have been dealt with rather than deferred, as evidenced by the statement of common ground.

Consistent - with national policy - enabling the delivery of sustainable development in accordance with the policies including the National Planning Policy Framework. 

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