Neighbourhood plans: status

Chichester District Council v Secretary of State for Housing, Communities and Local Government Queen’s Bench Division [2018] EWHC 2386 (Admin);

“9 By virtue of s.70(2) of the TCPA 1990 , the “development plan” was material to a determination of the planning application in this case.

10 Further, specifically in relation to a ‘neighbourhood plan’ para 198 of the NPPF provides:

“Where a planning application conflicts with a neighbourhood plan that has been brought into force, planning permission should normally not be granted”

11 It is common ground between the parties that para 198 of the NPPF is consistent with s.38(6) of the PCPA 2004 and does not give an enhanced status to a ‘neighbourhood plan’ (see Woodcock Holdings Ltd v SSCLG [2015] JPL 1151 at [24] and SSCLG v BDW Trading Ltd [2016] EWCA Civ 493 at [21]).

12 It is, therefore, a central part of the decision-making process in respect of a planning application to determine whether the proposal “conflicts” with the development plan, i.e. in this case the LP and/or the NP.”

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