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Process overview
- ‘Getting Ready’ (pre-Gateway 1): This will comprise the evidence gathering stage and preparation of a draft vision for the area, and will need to be subject to consultation before passing Gateway 1. Authorities must also give the Planning Inspectorate (PINS) four months’ notice before passing Gateway 1.
- Gateway 1 (Months 1 – 24): The 30-month adoption process formally begins when the authority self-certifies it has met entry requirements. Plan production continues. The plan is then consulted on prior to moving to Gateway 2.
- Gateway 2 (Months 1 – 24): Submission to PINS for early feedback on soundness and required changes. Plan-making continues, followed by further consultation once amendments are made to rectify issues identified by PINS.
- Gateway 3 (Months 1 – 24): The authority finalises the plan and confirms legal compliance and soundness ahead of examination.
- Examination and adoption: Between months 24 and 29, the Examination must take place. The plan must be adopted by Full Council on month 30 and the policies map published on month 31.
Material changes and implications
- Focused consultation: Limited to three stages at pre-Gateway 1, Gateway 1, and Gateway 2 following initial PINS feedback on legal compliance and soundness.
- Stronger intervention powers: The Secretary of State may direct timetable changes, require joint Local Plans, or assume plan-making functions.
- Vision and measurable outcomes: Each plan’s vision must set up to 10 measurable goals linked to policies, forming a key part of plan monitoring.
- Duty to Cooperate: The duty is dispensed with under the new system and is not engaged for legacy plans in line with the recent Written Ministerial Statement.
- Annual reporting and refresh cycle: Post-adoption, authorities must report annually against the vision and be able to pass Gateway 1 within five years of adoption (allowing for the four-month notice period).
- Digital by default: Expected use of the Government’s portal and a comprehensive policies map to improve transparency and engagement of residents.
Dates and deadlines to note
- Switching to the new system: Authorities not submitting a plan under the legacy system by 31 December 2026 must proceed under the new regime immediately.
- ≤80% Standard Method housing plans: Where a plan was submitted before 12 March this year and provides 80% or less of Standard Method housing need, the authority must move to the new system, notify PINS by 30 June 2026, and reach Gateway 1 by end-October 2026 (to accommodate the four-month notice).
- Longstop for Gateway 1: Authorities with aged plans proceeding under the new system must pass Gateway 1 by 30 April 2027; where a relatively new plan exists, they must reach Gateway 1 within five years of its adoption.
In summary, the regime introduces earlier scrutiny, fewer consultations, firmer timetables and clearer accountability, with the aim of delivering more timely Local Plan adoption. Please contact us should you require advise in respect of the progress South-East authorities are making on their Plans and what opportunities exist for the promotion of sites.
DMH Stallard’s expert planning lawyers and consultants have the knowledge to help you comply with planning regulations. Contact the team today by email or call +44(0)3333 231580.
