Question to the Department for Levelling Up, Housing & Communities:

To ask the Secretary of State for Levelling Up, Housing and Communities, for what reasons can a planning inspector overrule a local council's housing plan.

The Secretary of State appoints an independent Planning Inspector to examine a revised Local Plan (including any Green Belt boundary change) and check that it is legally compliant and sound. Plans must be positively prepared, justified, effective, and consistent with the National Planning Policy Framework. If requested by the local authority, Inspectors may recommend modifications to the Plan they consider necessary for it to be sound. The Framework is not law, simply requiring compliance: examining Inspectors have regard to its policies insofar as they are a material consideration.

As Annex 1 makes clear, the revised Framework will come into effect where a revised Plan reaches pre-submission stage after 19 March 2024. However, for the purposes of determining planning applications, the new Framework’s policies came into effect on 19 December 2023.

The Secretary of State has a range of intervention powers available to him in relation to the Plan-making process. Decisions to intervene are exceptional and made on a case-by-case basis once all the facts and any relevant legal advice have been considered.