Planning Inspectorate Newsletter - Issue 7
Planning appeals and old-style development plan policies – Inspectorate notice
Under the Planning and Compulsory Purchase Act 2004, unless expressly replaced by a 'new' policy, 'old' policies (adopted local plan, unitary development plan and structure plan policies) are saved for three years from whichever is the later of:
- the date of commencement of section 38 of the Planning and Compulsory Purchase Act 2004 ('the Act') on 28 September 2004 or
- the date the plan was adopted or approved.
Under the Act, the Secretary of State has powers to make a direction to save specified policies beyond the three-year period, and appropriate directions have now been issued on the Secretary of State's behalf by regional Government Offices, with a covering letter.
Policies saved at commencement date of the Act expired on 27 September 2007 if not listed in the direction.
The Planning Inspectorate has amended the standard questionnaire filled in by LPAs for each planning appeal, so that it requires LPAs to provide a copy of the Government Office direction and schedule and (where one was provided) covering letter as part of the appeal documentation.
This will apply to many LPAs from now on, although for others, whose plans were not adopted until after 28 September 2004, it will not be relevant for some time yet.
Because there are many appeals in progress for which no information has been supplied to the Inspectorate about the status of the development plan and its policies, LPAs have been asked to inform the Inspectorate and the parties to appeals of the position for outstanding casework by providing a copy of the relevant letters and directions if and when issued, or by making clear that the relevant policy was adopted on or after 28 September 2004 and has not been expressly replaced by a 'new' policy.
The Inspectorate has also arranged to place details of all GO saved policies directions and covering letters on its website for ease of reference by all parties. Although the list is not yet complete, others will be added as they become available.
