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Ouvert | En cours - juillet 2012 | Dernière modification - Hier

Weight of Emerging Policy, interpretation of NPPF para 216

Former Member, modifié il y a 6 années.

Weight of Emerging Policy, interpretation of NPPF para 216

DCLG state in their Material Planning Considerations Document that emerging new plans which have already been through at least one stage of consultation are a material consideration.

Paragraph 216 of the NPPF states:

            “From the day of publication, decision-takers may also give weight to relevant policies in emerging plans according to:

•           The stage of preparation of the emerging plan (the more advanced the preparation, the greater the weight that may be given);

•           The extent to which there are unresolved objections to relevant policies (the less significant the unresolved objections, the greater the weight that may be given); and

•           The degree of consistency of the relevant policies in the emerging plan to the policies in this Framework (the closer the policies in the emerging plan to the policies in the Framework, the greater the weight that may be given).”

Paragraph 009 of the NPPG states that:

Provided it has regard to all material considerations, it is for the decision maker to decide what weight is to be given to the material considerations in each case…

At present, our authority judges the relevant policies on the three "tests" above.  Therefore where policies are consistent with the NPPF and have no objections, greater weight is given (taking into account the stage of preparation). However there are now doubts over this approach as a a recent DC Inspector didn't consider the individual policies in turn and instead looked at the emerging Local Plan as a whole giving it  "limited weight" as it had not reached examination stage (it has been through two rounds of consultation under Reg 19). In my opinion, the approach taken by the Inspector appears inconsistent with paragraph 216.

How do other authorities interpret paragraph 216 and do they consider the weight of each relevant individual policy or just the emerging plan as a whole? 

Thanks