How Binding is a letter from an LPA - Public forum - Planning Advisory Service (PAS)
How Binding is a letter from an LPA
IN 2009 an LPA wrote to a potential developer of a previously developed site in the Green Belt giving them guidance as to how the LPA would consider the issue of what they would or would not consider previously developed land.
This is what the LPA is now saying it has agreed:
"One of the tests contained within the now superseded PPG2 (this no longer forms part of Green Belt policy) related to whether the development occupied a larger area of the site that the existing buildings and I consider that this is a suitable element of the openness assessment. Having said that this is a suitable element of the openness assessment. However please note that this test related to existing and demolished structures if the capacity of the site had been agreed with the LA. In 2009 the Planning Service agreed the capacity of the site with RPS who at that time were acting on behalf of a house builder. At this time is was agreed that the demolished garden centre, demolished in March 2003, and 'Venom' ride, demolished in January 2002, could be included within future capacity considerations although the Go Kart Building was excluded. The footprint of the agreed capacity of the site equates to a footprint of 26,548m² "
Given that it is just a letter, how binding is that, in 2014 given that the NPPF has now superseeded PPG 2?
I thought there was a court case that deemed that LPA`s letters were not binding on it?
Thoughts most welcome
Hi Chris,
You might like to take a look at the Pre-application advice on the PAS website http://www.pas.gov.uk/pre-application, especially the 10 commitments document which was developed by a cross sector group including developers and councils. Councils will give the best pre-application advice they can based on the information before them at the time. If circumstances change, such as the introduction of the NPPF or adoption of a new local plan, the weight given to that advice will necessarily have to be reviewed in the light of those new circumstances. While all parties to the 10 commitments agreed that part of the value of pre-application engagement is to provide increased certainty, and its important therefore that advice given is a consideration when determining the application, it is still the case that advice given in the pre-application stage should not predetermine the formal application.
Sarah Iles, modified 9 Years ago.
RE: How Binding is a letter from an LPA
New Member Posts: 3 Join Date: 12/08/13 Recent PostsHi Chris - hope you are well.
I think the case you are referring to is one of ours and relates to estoppel! The case was: R (Reprotech (Pebsham) Ltd) v East Sussex CC [2003] 1 W.L.R. 348.
Ask Stewart G when you see him - it was one of his! Alternatively, it is referred to in paragraph P172.08 on page 2-3601 of the Encyclopedia.
Sarah