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Information on the Regulation 19 representation

Information on the Regulation 19 representation

Questions and answers

What is the representation period?

The regulation 19 representation period is the last stage of public engagement before submitting the draft plan to the Inspectorate for examination. This is a formal process that requires comments on the soundness and legal compliance of the plan.

When can I make a representation? Can I submit my representation now?

You can only make a representation when the representation period starts. Any comments submitted now will not be provided to the inspector. Likewise, any late representation received after the representation period will also not be provided to the Inspector.

When will the representation period start?

Due to the Borough Council elections scheduled for 5 May 2022, the council is in purdah, which is a period of time before elections when restrictions on communication activity are in place. Therefore, the representation period will start as soon as practically possible after the elections.

How long will the representation period last?

The representation period will run for the six weeks as stated in Regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012 and the council’s Statement of Community Involvement (SCI) 2021.

Can I have a printed copy of the draft Local Plan?

The Draft local Plan is attached to the Cabinet Agenda for 16 March 2022. This can be viewed online.

During the representation period, the draft Local Plan will be available to view at the Civic Centre and public libraries in Elmbridge. If you still require an individual paper copy, this can be purchased. Please email localplan@elmbridge.gov.uk or phone 01372 474474 with your request.

Where is the evidence base?

The majority of the evidence base documents are available to view on the Local Plan supporting evidence webpage.

The evidence that supports the Local Plan such as the Sustainability Appraisal, Habitats Regulation Assessment and Equalities Impact Assessment will be available on the Representation webpage when this begins in the summer.

How will I know the representation period has started?

The council’s webpages and social media platforms will be used to make sure people know when the representation period will start.

There will be a press release and public notice in the local newspaper in the first week of the representation period. Social media messages using twitter and Facebook will also be used to publicise the representation period when it starts and throughout the six weeks to encourage people to make their representations online.

Everyone registered on our database will be informed of the representation period by e-mail or letter. This includes specific consultees, residents and key stakeholders. This is in line with regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012 and Appendix 1 of the SCI 2021. The letter will include a brief overview of the representation period, where to get the information from and how to make representations

There will be a dedicated representation webpage that will provide all the information needed to make a representation.

How do I make a representation?

At the regulation 19 stage, there is a formal method of responding that is required by the Planning Inspectorate. Only comments on the soundness and legal compliance of the plan can be made and it must be targeted to a specific policy or paragraph in the draft Plan.

An online form will allow people to refer to a policy, policies map reference, diagram, paragraph or supporting document (eg the Sustainable Appraisal/ and or Habitats Regulation Assessment) and then to explain why they think it is or is not legally compliant or/and sound. It will also include a question asking people to set out the modification that they consider necessary to make the pre-submission Local Plan legally compliant and/or sound including any revised wording. Respondents will have the ability to attach supporting documents to their justification if relevant.

The respondent will also be asked whether they wish to participate at the oral examination if they are seeking a modification and to explain why. It is the Inspector that will determine the most appropriate way to hear those who have indicated that they wish to participate at the oral examination.

The response form will also ask whether the respondent wishes to be kept informed of the submission, publication and adoption stage of the local plan process. A guidance note will be made available so that people understand how they can respond.

We will encourage the use of electronic documents and ask people to submit their representations electronically. If people cannot get access to a computer, then we will help them find an alternative.

We cannot accept anonymous representations. You must provide your name and contact details. Your personal data will be processed in line with our Planning Policy Privacy Notice.

I support the strategy in the Local Plan, do I still need to provide a representation?

Yes, please. The representation form includes questions where you can tick to say that you believe the Local Plan is sound and legally compliant. It is important that local people can support the Local Plan if they feel it is sound and legally compliant.

What will happen to my comments?

All representations received during the representation period will be sent to the Planning Inspectorate together with the draft Local Plan and supporting documentation. 

What happens after the representations period?

The Planning Inspectorate will conduct an independent review of the plan and the representations made, to determine whether the plan is sound. This is called an Examination in Public.

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