Out-Law News 1 min. read

Planners advised to take proposed laws into account before consultation ends


Planners are being advised to take proposed new national policy into account even though a consultation on them does not close until October.

The Planning Inspectorate has published advice to planners telling them to take account of the draft National Planning Policy Framework (NPPF) because it indicates the Government's "direction of travel".

The draft NPPF promises to make the planning system less complex and more accessible, and creates a presumption in favour of sustainable development.

A consultation on the draft proposals is not due to end until 17 October 2011, with finalised proposals expected at the end of the year.

"The draft NPPF is likely to be referred to by the parties in current appeal and development plan casework. Whilst it is a consultation document and therefore subject to potential amendment, nevertheless it gives a clear indication of the Government's 'direction of travel' in planning policy," the Planning Inspectorate advice says.

"Therefore, the draft National Planning Policy Framework is capable of being a material consideration, although the weight to be given to it will be a matter for the decision maker's planning judgement in each particular case."

The Government has insisted that it had not instructed the Inspectorate to issue the updated guidance.

"Ministers have already asked Sir Michael Pitt, the chief executive, to come to see them to make clear that in their work his Inspectors should respect the fact that this is a document out for consultation," a Department for Communities and Local Government spokesperson said.

"The Planning Inspectorate did not produce this guidance under instruction from the Department. It did so as a matter of normal procedure simply stating what always applies when draft policy is issued for consultation and to ensure common understanding for Inspectors," Sir Michael Pitt said in a statement.

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