| Regional Spatial Strategy |
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Cala Homes have lost their latest case regarding the status of regional strategies in planning decision making. The Court of Appeal has held that the Government’s intention to abolish regional strategies through the forthcoming Localism Bill is capable of being a material consideration in the determination of current applications and appeals.
The ruling arises out of Cala’s unsuccessful High Court challenge to the Government’s November 2010 letter inviting planning decision makers to take into account their proposals to abolish the regional planning regime. The letter was sent out following Cala’s earlier success in persuading the High Court to quash the Government’s attempt in July last year to formally revoke all regional strategies.
The Court of Appeal dismissed Cala’s latest challenge, upholding the High Court’s judgement. The basis for the decision was the well established principle that those determining planning applications must consider not only the development plan, but also other material considerations. The prospect of a change in planning policy is capable of being a material consideration, and the Court felt there was no reason why this particular prospective change should not fall into that category. Accordingly, the letter inviting Councils to have regard to the intention to abolish regional strategies, was not unlawful.
However, the Court conceded that, given the very early stage that the Localism Bill has reached in the legislative process, there may be very few current cases in which it would be appropriate to give any significant weight to the proposal to abolish regional strategies. Whilst they said that there might be the odd finely balanced case where the prospect of the policy change might tip the balance, these will be exceptional. The position will, however, change as the Localism Bill progresses through Parliament with the intention to abolish regional strategies becoming more significant.
The Court also concluded that it would be unlawful for those involved in the preparation of development plan documents to have regard to the proposal to abolish regional strategies. For as long as the regional strategies continue to exist, any development plan documents must be in general conformity with the relevant regional strategy. |
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| Last Updated on Wednesday, 22 June 2011 06:54 |