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ARTICLE · 12 DECEMBER 2017

Common Sense Needed to Flush Out SPD Abuse

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The High Court has confirmed the need to tread a common sense path through the mire of the Local Plan regulations, in quashing a supplementary planning document (SPD) ...

United KingdomReal Estate and Construction
Roy Pinnock
Roy Pinnock
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The High Court has confirmed the need to tread a common sense path through the mire of the Local Plan regulations, in quashing a supplementary planning document (SPD) that strayed into Development Plan Document (DPD) territory in William Davis Ltd & Ors v Charnwood Borough Council [2017] EWHC 3006 (Admin) (23 November 2017).

Light Touch

SPDs escape the examination process needed for DPDs. They are often seen as simply elaborating on existing policies. The Town and Country Planning (Local Planning) (England) Regulations 2012 are more nuanced: SPDs are allowed to contain policy, but it must be justified and must not conflict with the adopted development plan (Reg 8(3)). SPD policy cannot supersede development plan policy and is merely a material consideration.

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