Selby core strategy - examination in public archive

Information on the core strategy examination in public (EIP) undertaken by an independent government planning inspector.

We formally adopted the Selby district core strategy local plan at an extraordinary meeting of the council on 22 October 2013.

Agenda for the extraordinary council meeting - 22 October 2013 (pdf / 17 MB)

Please visit the core strategy webpage for further information about the adopted core strategy.

This webpage contains archived information relating to the core strategy examination in public.

27 June 2013 update

Publication of the inspector's report on the examination of the Selby district core strategy local plan

Following the core strategy examination in public (EIP) hearings held in September 2011, April 2012, September 2012 and February 2013 the council is now in receipt of the independent inspector's report.

The report to the council is published below:

Inspector's report on the examination of the Selby district core strategy local plan (pdf / 275 KB)

The report is also available to view at our offices and local libraries during normal opening hours. It is now for the council to consider the inspector's report and to adopt the core strategy at its discretion. This web page will be updated in due course.

Details about the previous stages of the core strategy process are provided below.

Tuesday 7 May 2013

Further to the update below (12 April 2013), representations have been from various parties:

2011 Household projection figures consultation responses

Selby District Council (SDC/HPF/1) (pdf / 152 KB)
Barton Willmore (BW/HPF/1) (pdf / 87 KB)
DLP Planning Ltd (DLP/HPF/1) (pdf / 741 KB)
Indigo Planning (IP/HPF/1) (pdf / 138 KB)
Mr and Mrs Wadsworth (WAD/HPF/1) (pdf / 40 KB)
Statement of Common Ground – Selby District Council, Barton Willmore and DLP Planning (SoCG/HPF/1) (pdf / 90 KB)

Friday 12 April 2013

The inspector has considered the arguments made on the acceptability of the sustainability appraisal in relation to windfall development and housing numbers and has issued the following ruling (pdf / 121 KB).

The Inspector was about to finalise his report to the council for the examination when, on 9 April, the government released its 2011-based household projections. These new projections represent a potentially significant source of up-to-date data which may (or may not) have a bearing on the level of housing need proposed in the core strategy.

The inspector is required to have regard to the latest available information at the time that he submits his report. Before he revises his report to reflect the new household forecasts, he proposes to seek the views of all parties on the implications of these latest projections for the ore strategy. The note (pdf / 83 KB) sets out the procedure for this further consultation.

The consultation period has now ended.

4 April 2013

Further to the update below (20 March 2013), the council has provided a response to the statement submitted by the two parties.

SDC SASEA response as submitted (pdf / 113 KB)

20 March 2013

Further to the update below (8 March 2013), responses have been received to the council's note to the inspector.

8 March 2013

At the final hearing session on 27 February 2013, two representors submitted that a housing delivery of about 550 dwellings per annum (which reflects quantification of the windfall element of supply) has not been properly taken into account in the sustainability appraisal. The Inspector asked for written submissions on this procedural point from the council. The response from representors will be published shortly.

SDC SA response to inspector 6 March 2013 (pdf / 157 KB)

28 February 2013 update

The list of additional documents which have been submitted during the Core Strategy examination hearings has now been updated to incorporate those documents submitted during the February 2013 hearings.

Documents submitted during the core strategy examination hearing

27 February 2013

Following the Legal Submissions submitted in January 2013, the Inspector has now issued a ruling with regards to S20(7B) and S20(7C) of 2004 Act: Ability to Recommend Main Modifications.

Ruling on S20 ability to recommend modifications (pdf / 102 KB)

26 February 2013

The Inspector has now published the final agenda (pdf / 109 KB) for the final examination hearing taking place on Wednesday 27 February 2013.

Also, the council has sent a letter (pdf / 195 KB) regarding Section 112 of the Localism Act 2011 and Sections 20-23 of the Planning and Compulsory Purchase Act 2004 to the Inspector.

25 February 2013

The following additions were made to the core documents list:

CD9b - 2nd Addendum to Consultation Statement
CD9c - 3rd Addendum to Consultation Statement
CD10b - 2nd Addendum to Regulation 30e Statement
CD10c - 3rd Addendum to Regulations 30e Statement
CD15b - Annual Monitoring Report 2012 and 5 Year Housing Land Supply Supporting Paper

Further to the update on 30 January 2013 below, the responses regarding the Revocation of the Yorkshire and Humber Regional Strategy.

Revocation of the Yorkshire and Humber Regional Strategy

Received prior to February 2013 examination hearings

Selby District Council
Mr I Hinchey
English Heritage
Dacres Commercial
Potter Logistics
DLP Consultants
Mr R Brewins

18 February 2013

The Inspector has published a draft agenda (pdf / 92 KB) for the final examination hearing taking place on Wednesday 27 February 2013.

04 February 2013

The following Legal Submission(s) to the Inspector regarding the interpretation of S20(7) of the Planning and Compulsory Purchase Act 2004 (as amended) have been received by the 18 January 2013 deadline.

Legal Submissions from Selby District Council (pdf / 114 KB)
Legal Submissions from Samuel Smith Old Brewery (Tadcaster) (pdf / 123 KB)

The following responses to each of the Legal Submission(s) have been made by the 01 February 2013 deadline.

Response to Legal Submissions from Selby District Council by Samuel Smith Old Brewery (Tadcaster) (pdf / 17 KB)
Response to Legal Submissions from Samuel Smith Old Brewery (Tadcaster) by Selby District Council (doc / 35 KB)

30 January 2013

On Tuesday 29 January 2013 the Government took steps to revoke the Yorkshire and Humber Regional Strategy on 22 February 2013. This means that the development plan framework relevant to the Selby District Core Strategy will change prior to the final Examination hearings programmed for 27 February 2013.

The Inspector conducting the Examination considers it necessary to consult all parties on the implications of Regional Strategy revocation for the Selby District Core Strategy. The attached Note sets out the consultation process, with all comments to be received no later than Friday 22 February.

Note from Inspector RE: Revocation of Yorks and Humber Regional Strategy (130130 - INSP16) (pdf / 88 KB)

17 January 2013

The consultation period for the 7th Set of Proposed Changes to the Submission Draft Core Strategy (and associated documents) closed on 28 December 2012.

The consultation documents can be viewed and downloaded below. Copies of the representations received can be viewed by visiting the responses to the submission draft core strategy and proposed and further proposed changes page.

The Examination in Public (EIP) to consider the remaining issues for the Core Strategy will reconvene on 27 February 2013.

INSP14 Programme remainder of examination October 2012 to February 2013 (pdf / 29 KB)

Further updates will be provided in due course.

Please refer to the information below for further details about the EIP process.

12 November 2012

The consultation has now closed.

The council published a 7th Set of Proposed Changes (and a Further Sustainability Appraisal Addendum Report), for consultation between 12 November and 28 December 2012. The documents can be viewed below:

Press Notice

The core document list was revised to include the Extraordinary Council Report and Draft Minutes.

For information purposes only, to assist participants, we have produced an updated 'tracked changes' version of the Core Strategy which highlights in yellow the 7th Set of Proposed Changes, upon which comments are invited.

Tracked Version of Core Strategy, November 2012 (pdf / 3 MB)

Comments were invited only on the 7th Set of Proposed Changes (12 November 2012) and the Further Sustainability Appraisal Addendum Report (October 2012). It was not another opportunity to make further representations on other matters.

23 October 2012 update

The council has published for information purposes only, an early draft schedule of proposed changes to the Core Strategy, which responds to issues raised at the 5/6 September 2012 EIP. This can be viewed below:

Executive Report - 1 November 2012 (pdf / 307 KB)
Appendix 1 to Exec report - 6 November 2012 (pdf / 357 KB)
Appendix 1 - 7th set of proposed changes (pdf / 212 KB)
Annexes to 7th set of proposed changes (pdf / 330 KB)
Appendix 2 to Exec report - included in the 1 November 2012 report
Appendix 3 to Exec report - SA Addendum report - October 2012 (pdf / 190 KB)

The Inspector has published a note (pdf / 101 KB) setting out his remaining issues based upon the early draft proposed changes.

We will consider the Note and a revised final schedule of proposed changes (the 7th Set) will be published for consultation purposes on 12 November.

19 October 2012 update

The list of additional documents which have been submitted during the Core Strategy examination hearings has now been updated to incorporate those documents submitted during the September 2012 hearings. Please see the 28 February 2013 update for all the documents submitted.

17 October 2012 update

The inspector has published the timetable (pdf / 29 KB) for the remaining stages of the Examination process (October 2012 to the reconvened Examination in Public EIP) in February 2013.

7 September 2012 update

The reconvened Examination in Public (EIP) took place on 5 and 6 September 2012. The EIP has been adjourned until 27 February 2013.

31 August 2012 update

The council has published a Position Statement in response to the Agenda in order to assist the Inspector and participants at the Hearing sessions on 5 and 6 September 2012.

SDC Position Statement 31 August 2012 (pdf / 1 MB)

Two new documents (CD67 and CD68) were added to the core documents list.

29 August 2012 update

Examination Hearings - 5 and 6 of September 2012

The Inspector has based the agenda primarily on the representations submitted to our 6th set of Proposed Changes to the Submission Draft Core Strategy. It highlights the main matters that will be discussed over the final two days of Examination Hearings. Some of these matters were discussed in detail during April 2012 sessions, their inclusion on this Agenda is not an opportunity to revisit issues previously explored but is to allow any new evidence that has arisen since April.

Examination Hearings Agenda - 5 and 6 September 2012 (pdf / 97 KB)

Because it is impossible to predict the time likely to be required for each item, a single agenda has been prepared for the two days reserved. As has occurred throughout the Examination, the morning sessions will run from 10am to about 1pm and the afternoon sessions from 2pm to about 5pm. All sessions will be held in the Council Chamber at the Civic Centre, Doncaster Road, Selby, YO8 9FT.

31 July 2012 update

On 7 June 2012, we published and invited comments on a 6th set of proposed changes to the Submission Draft Core Strategy (and associated documents) in order that all parties could make their views known. The core documents list was also updated.

The consultation period closed on 19 July 2012. Copies of the representations received can be viewed by visiting the responses to the submission draft core strategy and proposed and further proposed changes page.

The consultation documents can be viewed and downloaded below.

Consultation on 6th Set of Proposed Changes and NPPF Compliance

Revised Core Documents List (07 June 2012)

Part 2 National Planning Policy Framework (NPPF) Compliance Statement (pdf / 120 KB) and Appendix 1 (pdf / 213 KB) and Appendix 2 (pdf / 288 KB)
Selby District Council Position Statement (pdf / 165 KB)
Selby District Council Responses to Representations to the Inspectors consultation on Compliance with the NPPF (pdf / 184 KB)
Copy of letter sent to participants (pdf / 365 KB)
Copy of Press Notice (pdf / 254 KB)
Comments form (pdf / 379 KB)

For convenience, we have prepared a revised version of the Core Strategy (pdf / 3 MB) which shows all of the six sets of changes in the correct place. It is not an open consultation on the whole document: comments are only invited on those yellow highlighted sections. Should there be discrepancies, the schedules of changes should be regarded as definitive.

27 April 2012

Inspectors Note - Ruling on the Duty to Cooperate 27 April 2012 (pdf / 33 KB)

24 April 2012

Following the reconvened Examination in Public in April, please see the timetable below which sets out the programme for the remainder of the Examination.

Programme for the remainder of the examination (pdf / 20 KB) (updated 27 April)

23 April 2012

Inspectors Note - Presumption in favour of Sustainable Development (pdf / 78 KB)

16 April 2012

Agendas for the April 2012 Examination Hearings:

Responses received to the Inspector's request for comments on the National Planning documents (see Inspector's note dated 4 April 2012).

National Planning Policy Framework comments listed below:

National Planning Policy Framework comments

Received Prior to April 2012 Examination Hearings

In light of the Inspector's note of 4 April 2012, the Council has submitted the following core documents to the Inspector on 13 April 2012. These are in addition to the NPPF Compliance Statement which is included in the above list.:

10 April 2012

The Independent Inspector has issued a further note (dated 10 April 2012) to set out the arrangements for the rest of the Examination due to the introduction of the National Planning Policy Framework (NPPF) at the end of March 2012.

Note for Representors re: rest of CS programme (10 April 2012) (pdf / 119 KB)

All representors are invited to submit any comments on the implications of the whole Framework (and the other new national policies) for the Core Strategy by 11 May 2012. Comments already made in respect of the 3 matters to be discussed at next week's hearings should not be repeated.

4 April 2012

Following on from the March 2012 Update (see below) where the Core Strategy Examination in Public (EIP) was suspended to allow the Council to address the three topics set out in the Inspectors ruling of 14 October 2011, and the subsequent public consultation undertaken by the Council on Proposed Changes to the Submission Draft Core Strategy. The Independent Inspector has now issued a note (dated 4 April 2012 - see below) which sets out the arrangements for the April hearing sessions and outlines the subsequent process.

Note to Council from Inspector (Martin Pike) re: NPPF and resumption of examination (4 April 2012) (pdf / 48 KB)

The Inspector also considers that two days should be sufficient to deal with the 3 topics and the hearing sessions are now proposed for Wednesday 18th and Thursday 19th April 2012. The reconvened EIP will now begin on Wednesday 18th April and not on Tuesday 17th April as previously stated. Please see the following document for the April 2012 hearing sessions Programme:

April 2012 Hearings Programme (pdf / 48 KB)(updated 16 April 2012)

The reconvened EIP will be held in the Council Chamber at the Selby District Council offices, Civic Centre, Doncaster Road, Selby YO8 9FT. The April 2012 Programme contains those representors who have indicated they wish to attend for each hearing session. The meeting is open to the public to observe.

March 2012 update

The examination into the Core Strategy was held from 20 to 30 September 2011. The Examination In Public (EIP) was suspended to allow the Council to address the following three topics, as set out in the Inspector's Ruling:

(i) The strategic approach to Green Belt releases; (ii) The scale of housing and employment development proposed for Tadcaster and the implications for the Green Belt; (iii) The overall scale of housing development over the plan period.

Selby District Council undertook public consultation on Proposed Changes to the Submission Draft Core Strategy for a six-week period between 5 January and 15 February 2012 in order that all parties could make their views known. Copies of the representations received can be viewed by visiting the responses to the submission draft core strategy and proposed and further proposed changes page.

The EIP will reconvene on 18 April 2012 for 2 days (updated 4 April 12) to allow the independent Inspector to consider the submitted representations and the matters referred to in the Inspector's decision letter to suspend and the Procedural Note as issued by the Inspector in October 2011.

Many representations have included matters that go beyond the scope of the re-examination and/or repeat arguments previously made and already addressed at the Hearing sessions last September.

The Inspector has made clear that the resumption of the Examination will be limited to the matters set out in his Procedural Note of 14 October 2011, and it is likely that further discussion on matters which fall outside the scope of that Note will not be permitted.

The EIP will be held in the Council Chamber at the Selby District Council offices, Civic Centre, Doncaster Road, Selby, YO8 9FT. The meeting is open to the public to observe but the Inspector will decide which of those who submitted duly made representations are invited to attend and participate in the debate.

This web page will be updated over the next few weeks with further information about arrangements for the EIP, including Agendas for the Hearing Sessions.

Localism Act 2011

Section 112 of the Localism Act 2011, which came into force on 15 January 2012, makes key changes to sections 20 - 23 of the Planning and Compulsory Purchase Act 2004 ('2004 Act') in respect of the treatment by the Inspector of modifications to submitted development plan documents.

The amended section 20(7) of the 2004 Act indicates that the modifications Inspectors can make must be requested by the local planning authority and are limited to the rectification of issues of legal compliance and/or soundness. The amended section 23(3) differentiates between "main modifications", which have to be recommended by the Inspector, and "additional modifications" which do not materially affect the policies of the plan and which can now be made by the local planning authority on adoption without the need to be examined.

The main effect of these changes in relation to the Selby Core Strategy Examination is that where the Core Strategy needs modifications to make it sound, the inspector will not be able to recommend these 'main modifications' unless the Council makes a specific request under new section 20(7C).

The Council has therefore formally requested that modifications the Council would like the Inspector to consider are those contained in the published composite Schedule of Proposed Changes.

Both the note from the inspector and the council's written response are available below to view and download:

Note to Council from Martin Pike re s112 (31 January 2012) (pdf / 57 KB)
SDC letter to inspector re s112 (9 February 2012) (pdf / 325 KB)

Proposed changes

Copies of the proposed changes and associated documents are available at the following inspection points: "Access Selby" contact centre in Selby and all local libraries during normal opening times.

The Council has published 5 sets of Proposed Changes (Editorial Changes and Minor Amendments) in order to improve the accuracy, consistency and clarity of the Core Strategy. These 5 sets of Proposed Changes have been compiled into a Composite Schedule of all Proposed Changes (See Core Document - CS/CD2e), which should be read in conjunction with the Submission Draft Core Strategy.

New documents - added March 2012

Strategic Housing Land Availability Assessment 2011

Addendum to Consultation Statement (pdf / 133 KB)

Addendum to Regulation 30 (e) Statement (pdf / 142 KB)

Suspension of EIP - October 2011

Please see the document below which details the Inspector's decision on the request by Selby District Council that the Core Strategy examination be suspended to enable further work to be carried out.

Inspector's ruling on request for suspension of examination (pdf / 46 KB)

Please read the Suspension of Examination - Procedural Matters (pdf / 135 KB) for further details.

Following the agreed suspension by the Inspector a revised timetable for the Core Strategy (pdf / 9 KB).

The council considered the issues at meetings in November and December 2011 and the Reports and Minutes are available as part of the documents published above.

September 2011 EIP

The Hearing meeting commenced on Tuesday 20 September 2011 at 10am, and took place at Selby District Council, Civic Centre, Doncaster Road, Selby, North Yorkshire, YO8 9FT.

Notice of the Core Strategy Examination (pdf / 94 KB)

Please see the following document for the Hearing Sessions Programme:

Selby District Council - Hearing Sessions Programme (pdf / 64 KB)

Please see below the agendas for the Examination Hearings:

Week 1

Week 2

Final Session - 30 September 2011 - 10am The Planning Inspector held an additional session on Friday 30 September 2011. There are two reasons for this:

To mop up any minor matters that arose during the Hearing Sessions.
To consider the Council's response to the more significant issues that arose and to decide how the Examination will proceed.

Inspectors Matters and Issues

These are the "Matters and Issues" document which formed the basis of the Hearings in September 2011, and the Hearings Programme.

Inspectors Matters and Issues (pdf / 132 KB)

The participants submitted written statements to the inspector in response to the Matter and Issues.

Draft National Planning Policy Framework (NPPF)

On 25 July 2011 the Government issued the Consultation Draft of the National Planning Policy Framework (NPPF). The Draft NPPF is available on the government website. The Inspector sought the views of all parties on the implications for the Submission Draft Core Strategy (SDCS) of the Draft NPPF, including the weight to be attached to it. He invited all parties to include a section on the Draft NPPF, if they wish, as part of their further Statements prior to the Hearing sessions.

Recent National Policy Developments

The Inspector sought views of interested parties on three recent developments affecting planning policy at the national level which will have to be taken into account during the Examination process:

'Planning for Growth' Ministerial statement of Greg Clark, Minister of State for Decentralisation, 23 March 2011 (and other Budget statements).
DCLG 'Planning for traveller sites: Consultation' April 2011, announced as part of Communities Secretary Eric Pickles' statement 'Time for fair play for all on planning', 13 April 2011.
Court of Appeal judgement in The Queen on the application of Cala Homes (South) Ltd v Secretary of State for Communities and Local Government, 27 May 2011, [2011] EWCA Civ 639.

The Ministerial statements are available on the government website. Copies of the Court of Appeal judgement can be obtained from the Policy and Strategy Team.

Written representations in response to these matters were submitted to the Programme Officer by Friday 01 July 2011. The Council responded to those representations received. The materiality of these recent policy developments will be discussed in relevant Hearing sessions.

Please see the Core Strategy Examination - 2011 - Recent Policy Developments to view the submitted representations.

Selby District Council's response to the submitted comments - July 2011

Pre Hearing Meeting (PHM)
The Pre Hearing Meeting took place at 10.00 am on Wednesday 20 July 2011 at Selby District Council, Civic Centre, Portholme Road, Selby, YO8 4SB

The purpose of the PHM was to discuss the management of the Examination, including the overall programme, how representations will be heard and the timetable for the submission of supplementary statements.

Core Strategy Examination Pre-Hearing Meeting - agenda (pdf / 59 KB)
Guidance Notes for participants (pdf / 171 KB)

Here are the Inspector's Notes of the Pre-Hearing Meeting (PHM) held on 20 July.

Notes of Pre-Hearing meeting - 20 July 2011 (pdf / 177 KB)

The Inspector

A Government Planning Inspector Mr Martin Pike BA MA MRTPI has been appointed to undertake an independent examination into the soundness of the Selby District Core Strategy.

The role of the Inspector is to consider whether the document (a) is legally compliant (i.e. meets the requirements of the Planning Compulsory Purchase Act 2004 and associated Regulations) and (b) satisfies the criteria for soundness (i.e. whether it is justified, effective and consistent with national policy).

The Inspector will take into account the representations submitted on the Core Strategy and it is likely that a number of informal debates will take place on the principal matters identified by the Inspector, these are termed Hearing Sessions.

The Programme Officer

The Programme Officer acts as an independent officer for the Examination, under the Inspector's direction. They are responsible for organising the programme of hearings, recording and circulating all material received and ensuring the smooth running of the Examination.

For further information

Please also see the main Core Strategy page for information. For example, there is more information about the Site Allocations D.P.D. which is due out for consultation prior to the Core Strategy Hearing

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Selby core strategy - examination in public archive

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