London Plan Examination Update

We are now clearer as to what lies ahead, for the next year at least: the documents and deadlines are beginning to come thick and fast.

The appointed panel of inspectors (Roisin Barrett, William Fieldhouse and David Smith) set out this timetable in their Panel Note No 1 (August 2018):

• End of August 2018 – Panel consult the Mayor on a draft list of matters and participants.

• Mid September – Publication of draft list of matters and participants.

• Mid October – deadline for comments on draft list of matters and
participants.

• Early November – Technical seminars (if necessary).

• Early November – Publication of final list of matters and participants (at
least 6 weeks before EIP starts).

• Early December – first deadline for written statements in response to EIP
matters.

• Mid January to May 2019 – EIP hearing sessions.

• Summer 2019 – Panel report.

Over 20,000 representations to the draft plan were received from around 4,000 individuals and organisations (the GLA website has a useful link to them).

The Panel published today, 14 September 2018, its:

Panel Note no 3

draft list of matters for consideration at the EIP

draft list of participants

There will be a maximum of 22 participants at each session. Those who have not been invited to appear have an opportunity until 11 October 2018 to make representations as to why they should be invited.

The Panel asked the Mayor a series of preliminary questions in their Panel Note no 2 to which he responded earlier this month. The exchange encapsulates some of the main themes that lie ahead such as:

⁃ whether all of the policies can be justified as of strategic importance

⁃ the extent to which there is or is not agreement with the London boroughs and other relevant interests

⁃ the extent to which the draft plan deviates from national policies and guidance eg in relation to the application of affordable housing requirements with regard to small sites, the vacant building credit and the green belt

⁃ the extent of cooperation with other authorities, regardless of whether the duty to cooperate formally applies.

The Mayor published on 13 August 2018 600 or so pages of “early suggested changes” to the draft plan, which are minor in nature (see Lichfields’ summary for some of the headline changes).

It is difficult to keep up! For instance, I would also draw attention to a July 2018 practice note on how public sector land is defined for the purposes of the 50% affordable housing threshold in the affordable housing and viability SPG and policy H6 of the draft plan.

I referred in my 5 August 2018 blog post Housing Needs, Housing Shortfalls to the Secretary of State’s letter dated 27 July 2018 to the Mayor of London, setting out the changes that the Secretary of State wishes to see to the current draft London Plan, as well as the need for a more fundamental review once it is adopted. It is interesting to note that MHCLG is an invited participant in relation to a number of the examination sessions.

My 23 April 2017 blog post, Make No Little Plans: The London Plan set out the statutory constraints that apply to the London Plan and the difficulties that previous London Mayors have faced in securing an adopted plan until late in their first term.

Would a simpler, more focused, perhaps less ambitious plan have stood more chance of early adoption? That May 2020 election is going to come round very quickly.

Simon Ricketts, 14 September 2018

Personal views, et cetera