If a Local Plan is outdated and the Presumption prevails at the time of Determination of a planning application, and yet the application is Refused, but then the Local Plan is Adopted prior to the Inspectors Determination of the Appeal, does the Presumption still apply? ... Or will the Inspector give weight to the now Adopted Local Plan as if it were Adopted at the time of Local Determination?
The inspector has to determine the appeal based on the circumstances at the time of the appeal, rather than at the time of the application. So, if there is a new local plan the inspector must decide the appeal based on that new plan unless material considerations indicate otherwise.
