Purpose

The Planning and Compulsory Purchase Act 2004 (as amended) requires Local Planning Authorities to prepare and maintain a Local Plan. It sets out the requirements for plan-making, independent examination by the Planning Inspectorate (PINs), and regular updates.
The legislative requirements for the examination are also contained in the Planning and Compulsory Purchase Act 2004 (as amended) and the Town and Country Planning (Local Planning) (England) Regulations 2012 (as amended) (2012 Regulations). The Council must submit the LMWLP, other prescribed and supporting documents to the Secretary of State
for independent examination.
The examination must be carried out by a person appointed by the Secretary of State. PINs is an executive agency of the Ministry of Housing,
Communities & Local Government (MHCLG). The purpose of a Local Plan examination is for an independent Planning Inspector (or Inspectors), appointed by the Secretary of State, to assess the
submitted plan and determine whether they consider the plan to be ‘sound’ in terms of national planning policy and compliant with the relevant legislation.
As the LMWLP has reached its Proposed Submission Version (Regulation 19) consultation (2012 Regulations) a Service Level Agreement has been
received from PINs which sets out the steps each
party will take to help deliver an efficient examination and reporting process. PINs requires a Purchase Order Number (PO) upon submission of the Plan and will invoice the Council at least every 4 months after submission and during the examination for the costs of any Inspector’s time used in the determination of the LMWLP at the daily rate of £993.00 per day plus any associated travelling time and travel and subsistence costs, in accordance with the PIN’s Travel and Subsistence Policy. The current daily fee for an Inspector can be found in the Town and Country Planning (Costs of Independent Examinations)
(Standard Daily Amount) (England) Regulations 2006.

The examination begins when the plan is submitted to PINs under Regulation 22 (2012 Regulations) and ends when the final report is received by the Council. The number of Inspector days required for the examination will vary according to a range of factors, including the complexity of the plan’s subject matter and the number and significance of the
representations. The average time for the
examination of a minerals and waste plan is 48 days (figure as supplied by PINs).

Decision

To raise a value order for £50,000 for the appointment of the Planning Inspectorate to undertake the examination of the Lincolnshire Minerals and Waste
Local Plan (LMWLP)

Alternative options considered

There is no alternative option for an examining authority. PINS is an executive agency of the Ministry of Housing, Communities & Local Government
(MHCLG). It is responsible for making decisions and providing recommendations in areas such as planning application appeals, local plan examinations and national infrastructure applications, as well as smaller specialist casework.
Alternative options
• Do not submit the LMWLP: Proposed Submission Version for examination - the County Council has a statutory duty to prepare, and keep up to date, a Minerals and Waste Local Plan.

• Progress the Minerals and Waste Plan under the new plan making system - Councils are required to prepare and adopt local plans within a 30 month timeframe. Following this option would only delay the examination of the LMWLP. As the new plan-making system requires a plan to be developed wholly within the new system would also result in substantial abortive costs due to the stage the
emerging LMWLP has reached and the level of
work undertaken.