Need for Sustainability Appraisal of saved Waste Local Plan policies - Public forum - Planning Advisory Service (PAS)

I would have thought all policies in a Core Strategy are subject of challenge through the EiP etc whether similar policies have been included in a previous version of the Development Plan or not. Therefore the 3 policies which are the same as the currently saved policies should be included in the SA.

As a retired Planning Inspector I would like to respond by giving some general advice relating to the treatment of saved policies. Geoff Bloxsom is right but you don't have to include a saved policy in a Core Strategy, or any other DPD, because it will remain part of the statutory development plan until such time as you choose to amend or delete it. The policy is not then open to representation, examination or, indeed, SA, but there could be a question of the consistency of DPD policy with saved policy. I have experience of examining a site allocations DPD in which a saved local plan policy had been reproduced word for word but the council were seeking to amend the sites to which it applied, adding some and deleting others. Naturally, I questioned the criteria for this and asked for documentation to justify the original policy dating from the early 1990s, i.e. in the local plan. This was not in the evidence base nor did the council officers know where to find a copy. The result was agreement that I recommend deletion of the policy from the DPD altogether on the basis that it was unsound. The policy remained saved.

The courts of held there is no requirement to SEA a plan or proposal where that plan or proposal was approved prior to the EU directive coming into force. R (Howsmoor Developments and Others) v South Gloucestershire Council See article in Planning 20th of June 2008