NATIONAL PLANNING POLICY FRAMEWORK AS IT APPLIES TO SHROPSHIRE
In view of the number of emails I have seen regarding various Planning Applications I thought it might be helpful if Members of the Public were made aware of the "new" Legislation (2012) and its application locally.
A few months ago there was a particularly contentious Planning Application considered by the Shropshire Council North Planning Committee. It involved a proposal for 35 new homes at Tedsmore in the Parish of West Felton. The proposed development was outside the local SAMDev Submissions and was in conflict with the local Community Led Plan. It was outside the Development Boundary. (Application Ref. No: 13/01221/OUT - http://bit.ly/qMaffo ) Councillors were “minded to refuse” and asked for more information regarding the interpretation of the National Planning Policy Framework (NPPF) in this context. SC therefore postponed a decision while arranging for an Expert Barrister to explain the “rules” to Councillors. The Shropshire Association of Local Councils (SALC) were aware of the considerable concerns of their Member Parish Councils, so arranged for the same Barrister to give the same explanation to Parish Councillors and their Clerks. Two sessions were arranged, and both were a “sell-out” - the second even being moved to bigger premises. Since then a third session has been arranged due to continuing demand.
At the next North Planning Meeting Councillors reluctantly accepted that they must approve the “unplanned” application – and several others in similar circumstances.
The NPPF is a Legally-binding document - http://bit.ly/1fDY5Lp
The Presentation Slides from the events organised by SALC are available here:- http://bit.ly/1fDY1eF The Presentation was given by a very-well-respected Barrister, Hugh Richards of No5 Chambers. He is regarded as one of Britain's top experts on Planning Law.
The SC Five Year Supply Document is dated September 2013 and can be seen here:- http://bit.ly/1iLCnXJ This is a very important document locally, since it determines how the rules impact on local decision-making. SC cannot demonstrate a Five Year Land Supply as defined in NPPF. Therefore local plans are considered “out of date”, leaving SC with a legal obligation to “Presume in favour” of proposals even if they are not in accordance with SAMDev or other Local Plans etc.
The Barrister explained that Local Planning Authorities are not allowed to deviate from the rules in the NPPF - it is law. The NPPF rules apply to Decision-Makers at every level - see paras 186 and 187. I read this to include Parish Councils as legal Consultees. It also requires that Planning Authorities ". . should look for solutions rather than problems . . ."
I hope I have understood all the nuances accurately – and please remember I am only the “messenger” here – I have tried my hardest to find ways of helping SC regain control of Planning, but without a Five Year Land Supply it is proving impossible.
Feel free to share any of this with colleagues and Councillors - all is in the Public Domain, though I suggest an acknowledgement should be given to Hugh Richards and No5 Chambers for the slides.
Colin Case
www.ruytonxitowns.org.uk
Tel: +44 1939 260628
Mobile: +44 7860 904006
Fax: +44 872 115 8730
-- Yoland Brown Brownhill House B&B, Ruyton XI Towns, nr. Shrewsbury SY4 1LR ShACC - Shropshire Alternative Car Club www.eleventowns.co.uk www.eleventowns.com www.ShACC-uk.org Tel: 01939 261 121 Fax: 01939 260626
