A guide to the modifications to the Local Plan

What is the latest update ? 

Officers have prepared a full schedule of proposed ‘Main Modifications’ addressing the points raised in the Inspectors’ post hearing note, and the earlier suggested modifications arising from the hearing sessions.   

Separate schedules of ‘Additional Modifications’ dealing with more minor matters and changes to the Policies Map have also been prepared.  

Updates to the Sustainability Appraisal and Habitats Regulations Assessments to take these proposed main modifications into account have been commissioned.

Before the Inspectors can make final recommendations on the proposed Main Modifications, they must be subject to public consultation, to be carried out by the Council on behalf of the Inspectors.

What are Main Modifications?

‘Main modifications’ are changes to the Local Plan that are required to resolve any soundness or compliance issues that the Inspectors identify.

The Council has already put forward some suggested main modifications in Examination library document DSH02 to assist the Inspectors in their deliberations. The Inspectors   asked the Council to suggest further main modifications to address the points raised in their post-hearing note. 

What are Additional Modifications?

‘Additional modifications’ are minor changes that the Council would also like to make to the Local Plan to improve the presentation or to address or correct any typographical or factual errors, which are not necessary to resolve soundness or legal compliance issues. These additional modifications are not examined or recommended by the Inspectors but are published by the Council for comment alongside the main modifications.

What is being consulted on?

  • A schedule of proposed Main Modifications covering matters relating to the soundness of the Local Plan.  It is a requirement from the Planning Inspectorate (PINs) that the Main Modifications as presented make no distinction between addressing those proposed by the Council, the Inspectors and other parties during the hearing sessions held in 2023 and those arising from the Inspectors post-hearing note issued in March this year.   This includes an updated housing trajectory.
     
  • Updates to the Sustainability Appraisal and Habitats Regulations Assessments.
     
  • A schedule of proposed Additional Modifications. Although these are not examined or recommended by the Inspectors any representations received on them will however be provided to the Inspectors for information. 
     
  • A schedule of proposed changes to the Policies Map.  Under current planning legislation the Inspectors have no powers to recommend Main Modifications relating to the Policies Map. However, PINs guidance notes that the role of the policies map is to illustrate geographically the application of policies in the plan. If the geographical illustration of a policy in the Local Plan is flawed, the policy will be unsound. As such, PINs advise that in the interests of fairness, proposed changes to the Policies Map should be subject to consultation alongside the Main Modifications.

Tracked Changes version of the Local Plan

A tracked changes version of the Local Plan has also been prepared – this is for information only, to show how the Local Plan would look with the proposed main and additional modifications included.  Maps and illustrations within this document are placeholders only. Representations should only be submitted in relation to the separate schedules of Main and Additional Modifications. If there is any discrepancy between the tracked change Local Plan and the schedules of Main or Additional Modifications the schedules will always take precedence.

What is the Scope of the Public Consultation?

This consultation is undertaken on behalf of the Inspectors and is limited to the proposed Main Modifications, Additional Modifications and changes to the Policies Map and no other aspect of the plan. 

The documents published now for consultation are put forward without prejudice to the Inspectors’ final conclusions. All representations made will be taken into account by the Inspectors before they issue their final report.

The consultation will be for six weeks starting from 10am on Wednesday 25 September 2024 until 5pm on Friday 8 November 2024.

How can I make a representation on a modification?

Representations must be submitted via the downloadable standard representations form (https://www.wirral.gov.uk/new-local-plan) which comprises three parts: 

  • Part A - personal details you will only need to complete once;
     
  • Part B - comments on proposed Main Modifications. You must complete separate copies of part B for each Main Modification you wish to comment on,   
     
  • Part C - comments on proposed Additional Modifications and changes to the Policies Map. You must complete separate copies of part C for each Additional Modification or change to the Policies Map you wish to comment on.

The Council is not using the online portal for this consultation (as used for previous stages of Local Plan preparation), so please do not attempt to submit representations via that platform.  Only representations received via the standard form will be accepted. A separate copy of the Response Form should be used for each comment submitted.

Comments should be submitted:

By email to:

localplan@wirral.gov.uk

OR

By post to:

Wirral Local Plan – Main Modifications

Wirral Council

PO Box 290

Wallasey

CH27 9FQ

Can I comment on other matters that are in the Plan?

No. Guidance from PINs is clear that this is not an opportunity to repeat submissions previously made, make new arguments, or submit new evidence which does not relate to the Main Modifications.

What if no modifications are proposed in response to my previous representations?

The main modifications are those which the Inspectors consider are needed to make the plan “sound” or legally compliant in terms of the tests set out in national policy, taking into account the representations received and the discussions at the Local Plan hearing sessions last year.  The Inspectors’ initial conclusions on the modifications that would be needed were set out in their Post-hearing Note (Post-Submission Examination Document INSP015). 

What is the Council’s Role?

The Council’s role is to publicise the consultation on behalf of the Inspectors in line with the necessary legal requirements, to collect and collate responses and to pass them onto the Inspectors, who will then be responsible for considering what further changes may need to be made to the Local Plan before it can be adopted. The Council will not know which of the changes will be taken forward into the final version of the Local Plan until the Inspectors final examination report has been received.

What are the next steps?

The Inspectors will consider all the representations made on the proposed Main Modifications before finalising the examination report and the schedule of recommended Main Modifications. Guidance from PINs indicates that further hearing sessions will not usually be held, [following the public consultation] unless the Inspectors consider them essential to deal with substantial issues raised in the representations, or to ensure fairness.  The Local Plan remains under examination until the Inspectors issue their final report.

What are implications of the Government Consultation on changes to the National Planning Policy Framework announced in July 2024?

The July 2024 consultation on proposed changes to the National Planning Policy Framework (NPPF) will not impact on the examination of the emerging Wirral Local Plan. 

When new versions of the NPPF are announced, in draft or final form, they include a section setting out transitional arrangements for implementation of the new version.  These are included so that Local Plans at an advanced stage of preparation, such as the Wirral Local Plan, do not have to be re-written or withdrawn at a late stage to take account of changes in national policy.  The Wirral Local Plan is being examined under the version of the NPPF issued in July 2021 and the publication of the draft NPPF in July 2024 does not change this. 

What if the revised NPPF is issued in final form before the Local Plan is adopted?

Even if the revised NPPF were to be issued in final form later this year, before the Inspectors  issue their final report on the Examination of the Wirral Local Plan, it will not impact on the Wirral Local Plan. The report will be completed under the  NPPF issued in 2021.

Who do I contact if I have any questions or would like to obtain specific documents?

You can contact the Forward Planning Team:

By email: localplan@wirral.gov.uk or By telephone: 0151 691 8235

The previous Guide to the Local Plan which accompanied the Local Plan as it was submitted for examination can be viewed here: 

Archive Guide to the Local Plan