High Court clarifies the scope and procedure for the Secretary of State’s review of National Po...
Planning analysis: The court confirmed that statutory consultation of a National Policy Statement (NPS) (or any review thereof) must be carried out in accordance with the ‘Sedley principles’ that require the consultation to be carried out when the proposals are at a ‘formative stage’ and the need for ‘conscientious consideration’ of consultation responses. The court clarified that these principles were limited to matters which a reasonable reader would think was within the scope of the consultation rather than a subjective test as to what the Secretary of State (SoS)’s intention was in the consultation. Written by Brendon Lee, Partner at HCR Hewitsons.