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Local Development Plan and Heritage

Any application for planning permission must be determined in accordance with the 'development plan' unless material considerations indicate otherwise (1).

The development plan comprises the local development plan adopted by the local planning authority and any neighbourhood development plan adopted for that area.

National policies with the National Planning Policy Framework (NPPF) is a material consideration that might mean a decision should be made contrary to the development plan. It also comprises the regional development plan, if still extant.

This legal requirement does not apply to the consideration of listed building consent decisions or planning permission decisions for relevant demolition in conservation areas. However, the planning objectives for an area may well be material to the consideration in such consents.

Local development plans should be consistent with the NPPF (2).  'Due weight' should be given to relevant policies in existing local plans according to their degree of consistency if a local development plan consistant with the NPPF has not yet been adopted.

Weight may also be given to emerging plans according to their stage of preparation; the degree of unresolved objections; and the degree of consistency with the NPPF (4).

If to any extent a policy contained in a development plan conflicts with another in the plan, the conflict must be resolved in favour of the policy which is contained in the last document to become part of the development plan (5), unless material considerations indicate otherwise.

The NPPF, which is a material consideration, says that neighbourhood plan policies take precedence over non-strategic policies in the local plan for that neighbourhood, regardless of the order of production of the documents (6).

For guidance on the formation and content of local development plans and neighbourhood plans see the Planning for the Historic Environment section.  

References

(1) s38(6) Planning Compulsory Purchase Act 2004

(2) Paragraph 182, National Planning Policy Framework, Department for Communities and Local Government

(3) Annex 1, Paragraph 215, National Planning Policy Framework, Department for Communities and Local Government

(4) Annex 1, Paragraph 216, National Planning Policy Framework, Department for Communities and Local Government

(5)s38(5) Planning and Compulsory Purchase Act 2005

(6) Paragraph 185, National Planning Policy Framework, Department for Communities and Local Government

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