NP status - DPD or SPD and land allocations? - Public forum - Planning Advisory Service (PAS)
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.