24. The function of the inquiry - Continuing with the theme of plans being taken through to adoption under the existing system, the Society seeks clarification as to when the function of the Inspector changes.  It is clear that if the Inspector is appointed before the commencement date, the plan will proceed entirely in accordance with the current law, and the role of the Inspector will be solely to conduct an inquiry into objections.  It is also clear that in the case of an LDF, the function of the Inspector will be primarily to conduct an examination into the soundness of the plan.  But what of the hybrid situation, where the Inspector has not been appointed by the commencement date, and the plan proceeds broadly under the present law, but the Inspector's report is binding?  Will the function then become an examination of the soundness of the plan at the same time, or will it continue to be an inquiry into objections?  It is essential that this matter is made quite clear in the PPS and Code of Practice so that all parties know in advance what rules they will be playing under.

THE STATEMENT OF COMMUNITY INVOLVEMENT

25. The Society is surprised to see that although the content of the SCI is covered at some length in the draft PPS, and there is an extensive section in the draft Code of Practice on the process for its preparation and examination, there is no advice on when it should be prepared.  Our view is that authorities would be well advised to prepare and adopt their SCI early in the new system, as the first or one of the first DPDs, and that the PPS and Guide should make this clear.
    
    
26. While minimum standards for consultation are to be set by Regulations, just how individual authorities go about consultation will be of considerable interest to local groups and individuals, and may well be contentious.  We have no difficulty in imagining circumstances where certain organisations present forceful objections to a plan, contending that it is unsound because the arrangements made for consultation were inadequate.  They will argue that local people should have been afforded the right intended by Parliament to influence the approach to consultation, that the particular circumstances of the area or particular interest groups demanded a properly-tailored approach, and that consequently their interests were prejudiced by the approach taken, and therefore that the plan is fatally flawed.  The planning authority may argue that it has complied with the minimum requirements set out in Regulations, but the Inspector will have to give due regard to the evidence submitted, and may well conclude that the arrangements were indeed inadequate in the particular circumstances.
    
    
27. Moreover, given that authorities will not be able to bring forward statutory stages in LDF preparation before the commencement date and the adoption of their Local Development Scheme, it makes sense for them to progress their SCI in draft in the meantime, with a view to its early adoption.