Development Plans

Under section  38(6) of the Planning and Compulsory Purchase Act 2004 the development plan is the starting point for consideration of development proposals but it does not alone determine the outcome. The development plan should be up to date and consistent with national policy. A series of statutes are relevant to most planning decisions. The most important pieces of planning legislation are:

Town and Country Planning Act 1990

Planning and Compulsory Purchase Act 2004

Planning Act 2008

The development plan system has been revised but parts of the old system are still retained until the process of updating is completed. This is taking far longer than was originally anticipated by Government. In most instances the development plan will comprise the local development plan documents.

The local documents may be new or date back some years.

Under the new system the local documents form part of a local development framework. This comprises local development documents, which include development plan documents (that forms part of the statutory development plan) and supplementary planning documents (which expand upon policies set out in a development plan document or provide additional detail) but will not form part of the development plan. The local development framework also includes a statement of community involvement, a local development scheme and an annual monitoring report.

Under the former system a number of documents may also form part of the development plan and may be relevant but only if the particular policies have been “saved” by a specific direction from the Secretary of State for Communities and Local Government (DCLG). In areas where counties exist there may be two development plans: the County Council Structure Plan and the District or Borough Council Local Plan. In areas where a single unitary authority exists, there is normally one plan, the Unitary Development Plan.

Planning Policy Statement 12 (PPS 12) ‘Local Spatial Planning’ continues the Government’s policy on development plans and confirms the Government’s commitment to a Plan led system, outlines the key issues on the content of Development Plans and the procedures for preparing them.

Planning Policy Statement 12 - Communities and Local Government website

Most development plans contain policies relating to telecommunications development. However, whether these policies represent a significant consideration may depend on a range of factors including how up to date they are and whether they accord with national telecommunications policy.

Planning Policy Guidance 8 - Communities and Local Government website

It may be noted that whilst a number of Planning Policy Guidance notes and Planning Policy Statements are being reviewed and revised Government has indicated (December 2009) that there is no present programme to revise PPG8.

Copies of development plans and local development frameworks can be obtained from local planning authorities (LPAs) and many are accessible on LPA websites or the Planning Portal.

http://www.planningportal.gov.uk/