It is for the decision maker to determine how much weight should be given to the Development Plan and material considerations. This is known as the ‘planning balance’. Each case must be assessed on its merits.
The influence of national policy
The influence of emerging policy
How much weight should be afforded to policies and material considerations?
What happens when Development Plan policies conflict with one another?
The influence of national policy
The National Planning Policy Framework (NPPF) is a key material consideration, being a national policy statement which has been subjected to consultation. It is important to note it is NOT part of the Development Plan so does not form the starting point for assessment.
The NPPF does, however, give a clear expectation of local planning authorities (LPAs) to make decisions in the context of up-to-date planning policies, so to achieve sustainable development:
11. Plans and decisions should apply a presumption in favour of sustainable development. …For decision-taking this means:
(c) approving development proposals that accord with an up-to-date development plan without delay; or
(d) where there are no relevant development plan policies, or the policies which are most important for determining the application are out-of-date, granting permission unless:
(i) the application of policies in this Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed; or
(ii) any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.
The NPPF makes clear that this ‘presumption in favour of sustainable development’ does not change the statutory duty, so where an application materially conflicts with an up-to-date Development Plan permission should not usually be granted. However, LPAs may take decisions that depart from the Development Plan where material considerations indicate that the Plan should not be followed. Examples of this may be where a 5-year housing supply cannot be demonstrated, there is a demonstrable unmet need for the development concerned, or where permitted development rights represent a fallback position.
The influence of emerging policy
The NPPF goes on to discuss the weight which may be afforded to emerging plans as a material consideration. However, it must still be remembered that until they are adopted or ‘made’, then these plans cannot attract the primacy of the Development Plan. The NPPF states:
48. Local planning authorities may give weight to relevant policies in emerging plans according to:
(a) the stage of preparation of the emerging plan (the more advanced its preparation, the greater the weight that may be given);
(b) the extent to which there are unresolved objections to relevant policies (the less significant the unresolved objections, the greater the weight that may be given); and
(c) the degree of consistency of the relevant policies in the emerging plan to this Framework (the closer the policies in the emerging plan to the policies in the Framework, the greater the weight that may be given).
The PPG provides guidance on how much weight should be afforded to emerging Plans. Generally, until a Plan is examined, it can only be afforded limited weight since it cannot be established whether policies are consistent with the NPPF or whether objections can be resolved. Furthermore, the evidence underpinning emerging Plans can help in determining the ‘soundness’ of emerging policy.
How much weight should be afforded to policies and material considerations?
The weight attached to Development Plan policy and material considerations is a matter of judgement, and this judgement rests with the decision maker. However, it is necessary to demonstrate that, in reaching a decision, all relevant matters have been considered. Generally, greater weight is attached to issues raised which are supported by substantiated or technical evidence.
What happens when Development Plan policies conflict with one another?
Under section 38(5) of the Planning and Compulsory Purchase Act 2004, the conflict must be resolved in favour of the policy most recently adopted. Conflicts between Development Plan policies must be considered in the light of all material considerations, including the NPPF.