Archive site for WMRA material up to 31st March 2010:
Please note that this information on this page relates to the role undertaken by the WMRA between the 28th September 2004 and 31st March 2010. The information on this page is primarily historical in context and therefore should not be relied on beyond the 31st March 2010.
From 1st April 2010 the West Midlands Leaders Board will continue to be a statutory consultee with respect to local authority Development Plan Documents and consultations on planning applications that are of major importance to the implementation of the Regional Strategy.
In respect of this role and how it is being operated by the Leaders Board, you are advised to visit their website for further details - http://www.wmleadersboard.gov.uk/policy
RSS Conformity
A large part of implementing the Regional Spatial Strategy (RSS) will be through the Development Plan Documents adopted by the Region’s Local Planning Authorities and also the decisions that they make on planning applications.
By providing advice and commenting on the preparation and submission of Development Plan Documents, the Regional Assembly as the Regional Planning Body (RPB) aims to ensure 'Alignment' of these Documents with the RSS. In responding to certain planning applications, the RPB seeks to inform Local Planning Authorities on whether the planning applications they are to determine would materially conflict or prejudice the implementation of the RSS.
Development Plan Documents
From the 28th September 2004, under the provisions of the Planning and Compulsory Purchase Act 2004 (the Act), Local Planning Authorities:
- Must request the opinion in writing of the RPB as to the general conformity of a development plan document with the RSS (Section 24 (2a) of the Act).
- May request the opinion in writing of the RPB as to the general conformity of any other local development document with the RSS(Section 24 (2b) of the Act).
The RPB assesses such consultations in line with the Act to ensure "general conformity" with the Regional Spatial Strategy in order that they are mutually supportive and not in conflict. Further guidance on "general conformity" can be found in Planning Policy Statement 11: Regional Spatial Strategies (paragraph 1.9).
The Planning Portal has developed a Local Development Scheme Database. This searchable database contains information about the production timetable for Development Plan Documents being prepared in the Region.
Regionally Significant Planning Applications
As from the 24th August 2005, the RPB has a duty to respond to consultations on planning applications that it considers are of major importance to the implementation of the RSS. Schedule 6, paragraph 16 of the Act and ODPM Circular 08/2005 (paragraphs 57 to 59) provide details of this duty. This includes responding to requests for the RPB’s opinion on strategic pre-application proposals for development.
The test of general conformity which the Regional Assembly has adopted with respect to planning applications is to consider whether the proposed development would prejudice the policies and/or objectives of the RSS.
In order to assist consultation proposals the RPB has produced a pro forma that Local Planning Authorities should fill in when sending an application to the Assembly for its views. This also includes what information is required in order for the Assembly to provide a substantive response. Here is the pro forma document.
Handling the Assembly's Statutory Requirements - Conformity Protocol
Through a Conformity Protocol there is an agreed mechanism by which the Regional Assembly can deal with the statutory requirements now bestowed upon it as described above. The Protocol defines the working relationship between all the Authorities within the West Midlands Region who have a statutory planning function. The latest version of the Conformity Protocol was approved by the Regional Planning Partnership on the 24th September 2007.
A series of Reference Documents accompany the Protocol and one of these sets out Criteria for Regionally Significant Planning Applications.
RSS Conformity Guides
To help provide a consistent steer for the Regional Conformity Advisors who provide the Conformity Assessment, the RPB has produced two Good Practice Guides. The first guide looks atconformity in more detail in respect of regionally significant planning applications when Advisors are preparing conformity advice for the RPB. The second guide provides clarification with regard to pre-application enquiries that are received seeking the RPB’s view on the conformity of possible development being considered.
A user friendly Guide for Development Control staff in relation to regionally significant planning applications has also recently been prepared.
Current Consultations
View the Current Consultations that the RPB is considering. This includes links to the relevant websites of the Local Planning Authority (LPA) where such consultations are available electronically.
Comments on these consultations can be made to the relevant Regional Conformity Advisor within the deadlines stipulated. Only those comments regarding the general conformity of the document or application in relation to the RSS will be considered. Any other comments should be made to the relevant LPA preparing the document or determining the application. It should be noted that the Assembly's role is specifically one of providing advice on Development Plan Documents and Planning Applications.
Making a Conformity Assessment
In order to provide a clear, consistent, and balanced approach to the assessment of an opinion of conformity with the RSS, a Conformity Assessment report pro forma is available. The pro forma is primarily for the Regional Conformity Advisors to prepare their assessments on Development Plan Documents or Regionally Significant Planning Applications, but it will also be of interest to Local Planning Authorities, developers, and others on how such Assessments are prepared. Here is the pro forma document.
Making a decision on the Assembly’s advice
Once the Conformity Assessment has been received from the Regionally Conformity Advisor it is presented to the Assembly’s Members for consideration. This Flow Diagram from the Conformity Protocol explains how the Assembly makes a decision on its advice to Local Planning Authorities.
Monitoring of Conformity Opinions
Having prepared and sent advice on issues of general conformity with the RSS it is important to monitor the outcome of this advice through to the adoption of a Development Plan Document and the decision made on an individual planning application. The RPBhas developed a database to record all the consultations it has received and the outcome of that advice, in respect of submission Development Plan Documents and regionally significant planning applications.
Should you wish to view any of the advice made by the Assembly then please contact Tim Williams (contact details are at the end of this page)
As a statutory consultee on Regionally Significant Planning Applications the RPB also needs to monitor its performance in meeting the statutory deadline for responding back to Local Planning Authorities. As a consequence of this an Annual Report on performance is required to be submitted to theDepartment for Communities and Local Governmentby the end of June each year.
For further information please contact Tim Williams Senior Advisor, RSS Conformity on 0121 678 1050. Alternatively you can contact the Regional Conformity Advisor for your administrative area who works with the RPB in the Conformity process.