The Humble Petition of Michael Morris, Jonathan Glen and Brian Burchfield on behalf of the residents of Hook and Rotherwick,
Sheweth,
That the current planning system is preventing our District Council from properly controlling development in our area.
Wherefore your Petitioners pray that your Honourable House strengthens the position of District Councils by enabling them to refuse planning permission on the grounds of prematurity, while a local plan is being devised.
And your Petitioners, as in duty bound, will ever pray, &c.—[Presented by Mr James Arbuthnot, Official Report, 12 May 2014; Vol. 580, c. 544.]
[P001350]
Observations from the Secretary of State for Communities and Local Government, received 11 July 2014:
Through our reforms in the Localism Act and National Planning Policy Framework the Government have ensured that Local Plans set the structure in which decisions on particular applications are taken locally. We have encouraged local authorities to get up-to-date Plans in place as soon as possible as this is the most effective way of managing development within a local area. Local Plans will guard against “speculative” or unwanted development by setting the framework in which decisions on particular proposals are taken (whether that decision is taken locally or by the Planning Inspectorate at appeal).
The Government are supporting authorities with advice through the Planning Advisory Service and the Planning Inspectorate. Some 54% of all local authorities have an adopted Local Plan and 77% have published a Local Plan, but ultimately taking forward a Local Plan is for the local authority concerned.
Before a Plan can be found sound, local authorities have to demonstrate at a public examination how they have complied with the legal duty to cooperate. The independent Inspector examining the Hart Local Plan Core Strategy concluded that the council had not complied with this requirement, and the plan was subsequently withdrawn by the council in September 2013. It is understood that Hart District Council are working on a replacement plan but this is not anticipated for publication until October 2015.
Local authorities must continue to make decisions on planning applications alongside preparing plans to guide future development. In determining planning applications, local authorities must have regard to the existing local plan, national planning policy and any other consideration. The National Planning Policy Framework is clear that plans may gain weight in planning decisions before they are formally adopted. New planning guidance published on 6 March 2014 set out where circumstances may justify the refusal of planning permission on grounds that an application would be premature in relation to the emerging local or neighbourhood plan.
The National Planning Policy Framework is clear that, even in the absence of an up-to-date Local plan, applications should not be approved if the adverse impacts would significantly and demonstrably outweigh the benefits; or if specific policies in the Framework indicate that development should be restricted. This ensures that important safeguards are respected.