🧭 The official Local Plan-making process, step by step, with the legal “Regulation” stages used in England

StepRegulationWhat HappensLegal Note
1. Early Evidence GatheringNone (pre-Reg 18)The council starts gathering data: housing need, environment, transport, etc. May also issue a “Call for Sites”.Informal stage. No legal duty to consult yet.
2. Issues & Options / Draft PlanRegulation 18Council must publicly consult on a draft plan and ask: “What do you think?”🔹 Legal duty to consult any person who may be affected (Reg 18).
3. Pre-Submission PlanRegulation 19Council publishes the plan it wants to adopt. You can now object on legal and soundness grounds (e.g. not justified, not effective, not compliant with NPPF).🔹 Critical stage: your last chance to influence what gets adopted.
4. Submission to InspectorRegulation 22Council submits the Reg 19 plan + evidence + consultation responses to the Planning Inspectorate.Council loses control of the process at this point.
5. Public ExaminationNot a “regulation” stage, but legally requiredAn independent Planning Inspector holds a public examination to test if the plan is “sound” and “legally compliant”. You may be invited to a hearing if you objected at Reg 19.🔹 Required by law. Inspector checks legality and compliance with national policy.
6. Inspector’s ReportRegulation 25Inspector issues a report: either (a) sound, (b) sound with changes, or (c) unsound.🔹 Council can only adopt the plan if it complies with this report.
7. AdoptionRegulation 26Council votes to adopt the plan. It now has full legal force and guides all planning decisions.🔹 Must publish the plan and adoption notice within set time.
8. Legal Challenge PeriodN/A (but allowed under Planning Act)Anyone can challenge the adopted plan within 6 weeks if it’s legally flawed.Judicial Review in High Court.

🔍 1. Pre-Regulation Work – Evidence & Site Calls

What’s happening?
Before anything official begins, the council gathers background evidence:

  • How many homes are needed?
  • Which schools or roads are at capacity?
  • Which sites might be suitable for development?

They may also run a “call for sites” — asking landowners to submit land they want considered for development.

🟡 You can:

  • Submit land (if you’re a landowner),
  • Start watching for early signs of big development zones.
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📝 2. Regulation 18 – Draft Plan & Early Consultation

What’s happening?
This is the first formal public consultation.
The council publishes a draft version of the plan or “issues and options” — they might offer different scenarios or layouts and ask the public what they think.

📜 What does “Regulation 18” mean?
It’s the legal requirement that the council must consult “any person or organisation it thinks will be affected.” This gives the public a first formal voice in the process.

🟢 You can:

  • Respond with general views on where homes, roads, and green spaces should go.
  • Highlight local evidence: flooding, schools, transport, nature, etc.
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📣 3. Regulation 19 – Final Plan & Legal Objections

What’s happening?
The council publishes the plan it wants to adopt — the Pre-Submission Plan.
This is not a “what do you think” stage — this is a “tell us what’s wrong” stage.

📜 What does “Regulation 19” mean?
The council must publish the final version for a minimum of 6 weeks and allow the public to raise formal legal or policy-based objections. These go straight to the Planning Inspector.

đź”´ You must:

  • Say if you believe the plan is unsound (not justified, not effective, or conflicts with national policy),
  • Or not legally compliant (e.g. flawed consultation, missing evidence, or no proper Sustainability Appraisal).

🛠️ This is the last chance to get changes made before it becomes law.

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📤 4. Regulation 22 – Submission to the Planning Inspectorate

What’s happening?
The council sends the plan — plus all your Reg 19 objections — to an independent Planning Inspector.

🧾 No new objections can be submitted now.

🔎 You may:

  • Be invited to attend a hearing if your Reg 19 objection raised key issues.
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⚖️ 5. Public Examination

What’s happening?
The Planning Inspector tests the plan’s legality and “soundness”.
There are public hearings — but they are technical, not like public debates.

🎯 They check:

  • Is the plan positively prepared?
  • Is it based on evidence?
  • Can it actually be delivered?
  • Does it comply with national policy (like the NPPF)?

📚 The Inspector may also suggest “main modifications” — required changes before it can be approved.

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🧾 6. Regulation 25 – Inspector’s Report

What’s happening?
The Inspector issues their findings — either:

  • âś… Sound as is,
  • ✏️ Sound with modifications, or
  • ❌ Not sound (very rare).
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🗳️ 7. Regulation 26 – Plan Adoption

What’s happening?
The council votes to formally adopt the plan.
Once adopted, the plan becomes the law — developers must follow it, and so must the council (unless national policy overrides it).

🗂️ The council must publish:

  • The adopted plan,
  • A notice of adoption, and
  • Any final sustainability documents.
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⏳ 8. 6-Week Legal Challenge Window

After adoption, anyone can launch a Judicial Review if they believe the plan is legally flawed (e.g. flawed process, failed consultation, unlawful policies).

🧑‍⚖️ Challenges go to the High Court, and only succeed if a clear legal error is proven.

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