2.1 The Planning Act (Northern Ireland) 2011

1.0 Introduction

The purpose of an Independent Examination (IE) in respect of a Development Plan Document (DPD) is to determine whether it satisfies certain legislative requirements and whether it is sound. This document demonstrates how Council considers it has satisfied both of these requirements. Whilst it is not a legislative requirement to produce such a document, Development Plan Practice Note 6 highlights it is good practice to do so and will assist the IE. Where reference is made in this document to advertisements having been placed in local papers, this includes the Ballymena Guardian, Ballymena Times, Larne Times, Carrick Times and Newtownabbey Times.

2.0 LDP Regulations Requirements

In terms of the legislative requirements, Part 2 of The Planning Act (Northern Ireland) 2011 sets out the general requirements for local development plans and The Planning (Local Development Plan) Regulations (Northern Ireland) 2015 set out the sequence and detailed requirements of each stage of the LDP preparation.

2.1 The Planning Act (Northern Ireland) 2011, Part 2 Local Development Plans

Requirement Comments

Preparation of timetable 7(1) A Council must prepare, and keep under review a timetable for the preparation and adoption of the Council’s Local Development Plan.

7(2) The Council and the Department must attempt to agree the terms of the timetable.

Council first published a LDP timetable in August 2016. The timetable was subsequently revised and updated in 2017, 2019 and again in 2020.

Council consulted the Department for Infrastructure (DfI) with the original timetable and all subsequent revisions. Correspondence was received from DfI agreeing to the original timetable and all subsequent revisions.

Plan Strategy 8(1) A council must prepare a plan for its district (to be known as a plan strategy).

8(2) A plan strategy must set out— (a) the council's objectives in relation to the development and use of land in its district; (b) its strategic policies for the implementation of those objectives; and (c) such other matters as may be prescribed. 8(4) A plan strategy must be prepared in accordance with— (a) the timetable set out in section 7(1); (b) the council's statement of community involvement.

Council published its draft Plan Strategy in September 2019.

The draft Plan Strategy complies with these requirements within Section 4.0 containing the Vision and Strategic Objectives and Sections 5.0 to 11.0 containing Strategic Policies to help implement those Objectives.

The draft Plan Strategy was prepared in accordance with the LDP timetable, which is outlined below under Tests of Soundness, 3.1 Procedural Tests, P1 (page 16). The draft Plan Strategy was also prepared in accordance with the Council’s Statement of Community Involvement; see Statement of Community Involvement Compliance report, see DPS-405.

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8(5) In preparing a plan strategy, the council must take account of— (a) the regional development strategy; (aa) the council's current community plan; (b) any policy or advice contained in guidance issued by the Department; and (c) such other matters as the Department may prescribe or, in a particular case, direct, and may have regard to such other information and considerations as appear to the council to be relevant. 8(6) The council must also— (a) carry out an appraisal of the sustainability of the plan strategy; and (b) prepare a report of the findings of the appraisal.

The Council took account of all of these documents in preparing the draft Plan Strategy, which is outlined below under Tests of Soundness, 3.2 Consistency Tests, C1 – C4 (pages 19-20).

A Sustainability Appraisal, incorporating Strategic Environmental Assessment were carried out in conjunction with the draft Plan Strategy and reports on the findings of this were prepared and made publicly available, see DPS-106 and DPS-107.

Independent Examination 10(1) The council must submit every development plan document to the Department for independent examination.

10(2) The council must not submit such a document unless: (a) it has complied with any relevant requirements contained in regulations under this Part, and (b) it thinks the document is ready for independent examination.

10(3) The council must also send to the Department (in addition to the development plan document) such other documents (or copies of documents) and such information as is prescribed.

The draft Plan Strategy was submitted to DfI in March 2021.

Council considers it has complied with the relevant regulations and that the LDP documents are ready for independent examination.

Copies of all documents associated with the draft Plan Strategy were submitted to DfI In March 2021.

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