National and local planning policy

Why is planning policy important?

The English and Welsh planning systems are plan-led, which means that the process of managing the development and use of land centres around policies set out in development plans, with planning applications being determined in accordance with those plans, unless material considerations indicate otherwise. See Practice Note: Determining planning applications—priority of the development plan. Planning policy in development plans:

  1. determines the type and location of development in an area

  2. helps to achieve key objectives of local planning authorities (LPAs), and

  3. helps to inform the process of determining planning applications and appeals

A planning application which accords with planning policy in the development plan is more likely to be granted permission than one which does not. Consequently, developers should take planning policy and guidance into account when preparing planning applications. Objectors against planning applications can also use policies to strengthen their arguments, where the planning application does not accord with development plan policies. See Practice Note: Planning policy in England.

Determination of applications in accordance with development plan

Section 70(2) of the Town and Country

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High Court gives guidance on the new duty to ‘seek to further the purpose of conserving and enhancing the natural beauty’ of AONB for planning authorities (CPRE Kent v SSHCLG)

Planning analysis: Section 85(A1) of the Countryside and Rights of Way Act 2000 (CRWA 2000) came into effect on 26 December 2023 following amendments to that Act made by section 245 of the Levelling-Up and Regeneration Act 2023 (LURA 2023). The provision requires relevant authorities to ‘seek to further the purpose of conserving and enhancing the natural beauty’ of Areas of Outstanding Natural Beauty (‘AONB’) when exercising functions affecting such land. This case concerned a challenge to the November 2024 decision of the Secretary of State for Housing, Communities and Local Government (‘the Secretary of State’) to grant planning permission for the construction of 165 dwellings and associated works in the High Weald AONB. The grounds of challenge were that the Secretary of State had breached the CRWA 2000, s 85(A1) duty (Ground 1) or alternatively, had given inadequate reasons for concluding that the duty had been complied with (Ground 2). The main issue for the High Court was whether the words ‘seek to further’ contained in the amended section 85(A1) duty had altered the substance of the duty so as to require a decision-maker to refuse planning permission for development if it is found that the proposal would cause harm to an AONB by failing to conserve or enhance its natural beauty. In dismissing the claim and upholding the Secretary of State’s decision, the judge provided guidance on the requirements of the CRWA 2000, s 85(A1) duty in the context of planning decisions affecting AONBs. Written by Max Millington, barrister at Cornerstone Barristers.

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