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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - April

Neighbourhood Plans & SPD/SPG

Former Member, modified 8 Years ago.

Neighbourhood Plans & SPD/SPG

Hi,

Quick question! Can SPD/SPG be adopted against a neighbourhood plan? Is the distinction between SPD (which has a formal process in accordance with the Regs) and SPG important in such an instance? I also note the NPPF which does not encourage use of SPD. The SPD/SPG in question relate to design/character and pre-date the emerging Local Plan.

Any thoughts greatly appreciated.

Thanks,

John

Andrew Chalmers, modified 8 Years ago.

RE: Neighbourhood Plans & SPD/SPG

Advocate Posts: 169 Join Date: 20/10/11 Recent Posts

My view is no you cannot simply because Neighbourhood Plans are not part of the Local Plan and it is clear that "SPD should build upon and provide more detailed advice or guidance on the policies in the Local Plan.  They should not add unnecessarily to the financial burdens on development.

The debate over SPD and SPG ended some years ago and basically government felt that authorities were introducing policy by the back door in guidance when it should have been more appropriately considered in plan making.  So for weight the SPD route is the way to go, ensuring that consultation takes place.

 

 

 

Daniel Hudson, modified 8 Years ago.

RE: Neighbourhood Plans & SPD/SPG

Advocate Posts: 121 Join Date: 25/04/12 Recent Posts

 

The status of SPG applies only to historic documents and to have any weight at all, your document will have to be SPD.

  • A document with the status of SPD can only hang on a DPD and a Neighbourhood Plan is not a DPD.
  • The Neighbourhood Plan must be in general conformity with the Local Plan - so the SPD must hang on the Local Plan

Notwithstanding the above, if the area to which the SPD relates is covered by an adopted Neighbourhood Plan, that plan has weight equivalent to the Development Plan.

In practical terms you could use the SPD to explain how the LPA will interpret all policies relating to the site including the Neighbourhood Plan.

To me, if possible, the SPD should hang on the existing Local Plan. However

  • If it relates to an allocation being brought forward in the emerging Local Plan - or brought forward through the Neighbourhood Plan and likely to be confirmed in the emerging Local Plan, it should have the status of draft SPD and be adopted at the same time as the plan.
  • If it relates to development proposed in the Neighbourhood Plan, independently of the Local Plan, it begs the question of what purpose your SPD is intended to serve. If further     detail is needed, I guess it is open to the Parish to prepare its own non-statutory guidance on the interpretation of its Neighbourhood Plan.