Housing And Planning Bill – Local Plan Changes

In the first part of our Q&A on the Housing & Planning Bill as it passes through the Parliamentary process, we look at the implications for the Local Plan system of the changes put forward in Clauses 96-100 of the Bill.

Is there a duty to plan?

Not under the Planning & Compulsory Purchase Act 2004 regime. Where local authorities choose to adopt Local Plans, the National Planning Policy Framework (NPPF) already requires that policies ensure that objectively assessed needs will be met in full (or that a failure to do so is justified by environmental constraints, such as Green Belt).

How is need currently addressed where there are local constraints?

There is no freestanding duty on authorities to plan for needs in this way though.  The solution to the 'larger than local' question – of meeting needs beyond a local authority's boundaries where it does have insurmountable constraints  – is meant to be found in the 'Duty to Co-operate' (introduced to the Planning & C