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

NP status - DPD or SPD and land allocations?

Former Member, modified 11 Years ago.

NP status - DPD or SPD and land allocations?

The discussion on sustainability appraisals has flagged up an issue re. the status of Neighbourhood Plans. I'd always assumed that NP's were 'Development Plan Documents' and could therefore allocate land (which I assume SPD's cannot do). However the response re. SA below clearly states they are not DPD's: http://www.pas.gov.uk/pas/core/page.do?pageId=2497128 If that's the case, what status do NP's have? Are they a DPD/SPD hybrid or something else? If they are not DPD's can they allocate land for development? Also, some Councils are going down the SPD route rather than going through the referendum. Would this create a problem if the SPD tried to allocate sites?
Former Member, modified 11 Years ago.

Re: NP status - DPD or SPD and land allocations?

Neighbourhood plans have their own designation. But, as you say, they share features with both SPDs and DPDs. My metaphors cause more harm than good, so I'll leave it there.
Former Member, modified 8 Years ago.

RE: NP status - DPD or SPD and land allocations?

1. My understanding is that Neighbourhood Development Plans (NDPs) are Local Development Documents - a term first introduced in the 2004 Act S19.  DPDs and SPDs are also LDDs (as is also the Mayor of London's Plan - which is a Spatial Development Strategy).

2. There is no question that NPDs can make proposals for allocations for land use - subject to the basic condition of being in general conformity with a strategic policy in the local plan (or suchlike)

3. Wakil (2012) v LB Hammersmith etc EWHC 1411 (QB) doesnt veto the use of a SPD for land use allocations (IMHO) but does provide helpful advice to the practioner on whether it is sound to use an SPD or alternatively a DPD - in this case it is clear an Area Action PLan should have been prepared .   See para 42 of Wakil judgement which cites reg 13 (8) that the policies in a SPD must be in conformity with (a) policies in the core strategy (b) policies in any other DPD or (c) if neither applies then an "old" policy .. (some of us remember those which in the case of Hammersmith was the old Unitary Development Plan!)  I read this point as being a reiteration of  the explicit  "hook" requirement to be in place in the DPD to legitimise going forward with the SPD.

4. Wakil helpfully delves into the related issues of an SA requirement, adaquate consultation, independent assessment  and getting the name right on page 1 of the Plan!

5. I'd be most cautious in seeking to use an SPD rather than a NPD to make substantive land use allocations unless this policy action was made completely clear in a "parent" local plan - which is NPPF compliant - either as u/c policy preferably or otherwise and the matter had been cleared by the inspector and preferably noted in the report.