Saved Local Plan Policies - Public forum - Planning Advisory Service (PAS)

Dan Not come across this myself yet but did your colleague mean by saved local plan policies those pre - LDF (Local Plan, UDP etc.) policies saved after the 2004 Act came in?

Daniel, I asked the same question of our planning legal consultant and got a detailed reply. Drop me an e-mail via the Planning Policy e-mail address on the Darlington BC website and and I'll send you what he said by return .

It was to be only saved Structure Plan policies that were to go. However I can see the government thinking that now is a good time to extend this to saved local plan policies as well- it would give more influence to the NPPF and the presumption in favour of sustainable development as well as acting as a spur to get authorities to fast track their LDFs/MWDFs.

Does this relate back to the proposed requirement in the NPPF, for all existing local plans to have to produce a certificate of conformity or otherwise the presumption in favour of sustainable development will take precedence?

DCLG did include reference to revocation of "other development plan policies" in an explanatory note to the Localism Bill a few months ago, but admitted this to be a drafting error and amended the note so that it only refers to saved structure plan policies (in line with the Bill). However, as Mark suggests, it wouldn't be a major surprise to see local plan policies added.

I think if DCLG were reckless enough to void every council's planning policies, the LGA should apply for a judicial review without delay.

When LDFs first came in, Government were threatening a hard line on saved policies which would delete most existing Local and Structure Plan policies within three years, under the impression that this would chivvy LPAs along to get LDFs in place. After the Lichfield/Stafford debacle, it dawned on them that this would create an almighty policy vaccuum. Then again with the current administration, policy vaccuum might be the intention!

You will see that there is another thread on page 3 of this forum which is about saved structure plan polices. In the version of the Localism Bill now before the Lords it is s94(4) to which one should refer. It only refers to structure plan policies. In the other thread Andrew Lainton rightly points out that if there is any area which does not have an adopted local plan or a CS which defines the general extent of the green belt the effect of this section of the Bill would be to revoke the statutory green belt. Does anybody know whether this would be the result around York? The problem for the Secretary of State with s1(3) of Schedule 8 of the 2004 Act is that it does not allow him to time limit any direction. Saved policies are saved forever unless superseded by a new DP policy. Excuse me, Mr. Pickles, but doesn't localism mean that it should be a matter for the LPA whether or not it is appropriate to continue a saved policy?