Examination in Public and Inspectors Report

Publication of the Inspector’s Report

The Inspector, Ms K Ford MSc MRTPI published her final Report for the Examination on 30 September 2021.

Read the Inspector's report

Read the Final Main Modifications Table

Consultation on the Main Modifications

The Development Management in Birmingham (DMB) will provide detailed policies to help determine planning applications and development decisions across the whole City, supporting the strategic policies in the Birmingham Development Plan which was adopted in January 2017. The document, once adopted, will replace the remaining Saved 2005 Birmingham Unitary Development Plan policies which have now become outdated.

The consultation on the schedule of Main Modifications closed on the 5 May 2021.

Schedule of Main Modifications

The following responses were received which have been provided to the Inspector for her ongoing consideration:

Avison Young for National Grid

Canals and Rivers Trust

Harris Lamb for Bloor Homes

Historic England

Natural England

Savills for the Langley Consortium

Hearing Sessions

Hearing sessions took place during the week of the 9 of November.

Following the hearing sessions the council wrote to the Inspector with points of clarification emanating from the hearing discussions.

Correspondence between the council and the Inspector can be found below:

PHD1 – Council letter

PHD2 – Inspector’s reply

PHD3 - Examination of the development management in Birmingham


Birmingham City Council submitted its Development Management in Birmingham Development Plan Document (DMB) to the Secretary of State for Housing, Communities and Local Government on Friday 17 July 2020 for independent examination. The document has been prepared in accordance with the Town and Country Planning (Local Planning) (England) Regulations 2012.

The Development Management in Birmingham Document and supporting documents can be viewed in the Examination Library.

All representations received through the Publication (Regulation 19) Version consultation (9 January to 21 February 2020) have been submitted to the Planning Inspectorate.

Examination and Inspector

Planning Inspector Kelly Ford MSc MRTPI has been appointed to undertake an independent examination into the soundness and legal compliance of the Development Management in Birmingham DPD (the DMB).

The Inspector’s task is to consider the soundness of the submitted DMB, based on the criteria set out in paragraph 35 of the National Planning Policy Framework 2019 (the Framework). The relevant soundness criteria are whether the DMB is:

  1. positively prepared (providing a strategy which, as a minimum, seeks to meet the area’s objectively assessed needs; and is informed by agreements with other authorities, so that unmet need from neighbouring areas is accommodated where it is practical to do so and is consistent with achieving sustainable development);
  2. justified (an appropriate strategy, taking into account the reasonable alternatives, and based on proportionate evidence);
  3. effective (deliverable over the plan period and based on effective joint working on cross-boundary strategic matters that have been dealt with rather than deferred, as evidenced by the statement of common ground); and
  4. consistent with national policy (enabling the delivery of sustainable development in accordance with the policies in the Framework).

The Inspector will take into account the representations submitted upon the Publication Draft Plan as far as they relate to soundness and legal compliance considerations. A number of informal debates are likely to take place on the principal matters identified by the Inspector these are termed Hearing Sessions.

At the end of the Examination, the Inspector will prepare a report to the council with precise recommendations, these recommendations may include modifications to the DMB, if such a request is made by the council.

Examination guidance and virtual guidance notes have been prepared by the Inspector to help people understand the process. Any queries people may have regarding the Examination process should be directed to the Programme Officer who will be happy to assist.

Hearing Sessions and Timetable

Hearing sessions were conducted virtually via Microsoft Teams at 10am on Tuesday 10 November. The Inspector produced a draft Matters, Issues and Questions for the Examination.

Programme v3

Agenda Day 1

Agenda Day 2

Agenda Day 3

Written statements

The following written statements have been received in response to the Inspector’s Matters, Issues and Questions:

Matter 1 – Legal Compliance including the Duty to Co-operate

Matter 2 - Compliance with the Birmingham Development Plan

Matter 3 - Environment and Sustainability Policies

Matter 4 - Economy and Network of Centres Policies

Matter 5 - Homes and Neighbourhoods Policies

Matter 6 - Connectivity Policies

Matter 7 - Implementation and Monitoring

Examination Library

The Examination Library contains a list of documents submitted for examination and background documents that have informed production of the Local Plan. It also contains documents relating to the examination and will be updated as the examination progresses.

Privacy Notices from the Planning Inspectorate and city council have been produced which participants should read prior to the hearing sessions commencing.

Programme Officer

The council has appointed Ian Kemp as Independent Programme Officer to assist, and work under the direction of, the appointed Inspector throughout the examination process. The Programme Officer will act as point of contact between the Inspector, the Council and any third parties participating in the Examination.

The Programme Officer’s contact details are:
Ian Kemp
PO Box 241

Email: idkemp@icloud.com
Tel: 07723 009166

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