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Planning Policy
Our lead consultant is very experienced in the work relating to the formulation of application of planning policies. This is an important area of work given that planning policies provide the framework for decision making relating to planning applications. When a client seeks to obtain authorisation for implementing a proposed development scheme it is essential for the client to be aware of the framework which will apply to the decision making process. Whilst every planning decision depends to some extent on a wide range of material planning considerations nevertheless it must be appreciated that one of the most significant planning considerations is of course the planning policy framework as set out in the Strategy Development Plan.
Under the terms of Section 38 of the Planning and Compulsory Purchase Act 2004 it is clearly stated that there is a presumption in favour of all planning decisions being made in accordance with the terms of the policies set out in the Statutory Development Plan unless other material planning considerations indicate otherwise. Accordingly, it will be appreciated that those aspects of the planning policies which form part of the policies in the Statutory Development Plan are very important guidelines to the decision making process. It is rare for a decision maker to make a decision which is inconsistent with a specific statement contained within a planning policy incorporated into the Statutory Development Plan.
It should be noted that under the system produced by the Planning and Compulsory Purchase Act 2004 the new form Statutory Development Plan comprises two principle levels of policy documentation. The highest level is the Regional Spatial Strategy which contains general policies which relate to a whole region such as the East of England. The Statutory Development Plan also incorporates the Local Development Framework, which in itself refers to a portfolio of documents which include a Core Strategy and various local development documents which can be reviewed from time to time. There are also further documents known as supplementary planning documents which also contain policy guidelines.
It should be noted that the term “planning policy” also includes the policies of central government. The policies of central government are set out in a series of Planning Policy Statements from Planning Policy Statement Number 1 which sets out general principles through to Planning Policy Statement Number 25 which focuses on the specific issue of flooding. It should be noted that the various planning policy statements issued by central government within that numeric sequence cover a wide range of subjects from policies relating to green belts (Planning Policy Statement Number 2) through to Policy Statements on the review of development plans as shown in Planning Policy Statement number 12. Consideration weight is attached to the advice of central government as set out in the planning policy statements. Many of the issues raised in the planning policy statements are of course reflected in the policies in the Regional Spatial Strategies and also in the Local Development Frameworks.
It should also be noted that important formal ministerial statements announced in the House of Commons are also capable of constituting a planning policy on occasions and one should be aware of the views expressed by ministers when speaking on a formal occasion as reported in Hansard.
Planning policy can also be expressed informally in a series of informal supplementary planning guidance notes issued on an ad hoc basis by a Local Planning Authority. Little or no weight can be attached to the policies set out therein on a formal basis but nevertheless they can provide useful guidance as to the thinking of the Local Planning Authority generally.
It is fair to say that planning policy is in general terms is a very important tool within the planning system and it is important for all clients to obtain clear and up to date advice on the interpretation and compliance with planning policies as identified. This firm can provide detailed advice on these issues. This firm can also provide advice on how to influence the formation of planning policies and indeed how to seek to persuade Local Planning Authorities on the process of modifying existing planning policies. We have considerable experience in the field of forward planning. We would be happy to provide further details upon request from clients.
