Regional Planning Policy

LATEST NEWS

There has been a series of challenges relating to the announcement made by the Coalition Government in July 2010 that all Regional Spatial Strategies were revoked and no longer part of the development plan.

The Court of Appeal (This link will open in a new window) on 27 May 2011 dismissed housebuilder CALA's claim that the Government's intention to revoke regional strategies could never be a lawful material consideration in planning decisions. However, Lord Justice Sullivan accepted that, at the moment, the Government's intention may only be worthy of being given weight in "very few" of the cases in which the proposed abolition of regional strategies will be relevant.

Background

The Government published a Regional Spatial Strategy (RSS) for the East of England (called the East of England Plan) in May 2008. The RSS replaced the previous regional planning policy for the East of England set out in RPG 6 (Regional Planning Guidance for East Anglia) and RPG 9 (Regional Planning Guidance for the South East).

The East of England Plan (May 2008) sets out planning and transport policy for the region and its key sub-regions for the period up to 2021, and provides a policy framework for preparing other plans and strategies.

An early review of the East of England Plan had been started, in particular to roll forward the Plan to provide a policy framework for the period up to 2031. A draft plan was submitted to the Secretary of State on 31 March 2010.

On the 18 May 2010 the new Government issued a statement called "Building the Big Society" expressing its intention to reform the planning system. Subsequently on 25 May the Queen's Speech to Parliament included the Decentralisation and Localism Bill, which intends to 'devolve greater powers to councils and neighbourhoods and give local communities control over housing and planning decisions'.

For more information visit: Queens Speech - Decentralisation and Localism Bill (This link will open in a new window).

One of the elements of the Decentralisation and Localism Bill is the abolition of Regional Spatial Strategies (RSSs). On 27 May 2010, the Secretary of State for Communities & Local Government Eric Pickles wrote to every local planning authority and the Planning Inspectorate highlighting the new Governments plans to abolish RSSs.

For more information visit: Eric Pickles Letter.

On 6 July 2010, the Secretary of State for Communities & Local Government Eric Pickles announced the revocation of all Regional Strategies with immediate effect.

For more information visit: Letter to Chief Planning Officers - Revocation of Regional Strategies.

There has been a series of challenges relating to this announcement. The High Court overturned the challenges in November 2010 and the current position is that the Regional Spatial Strategy is still part of the development plan and is a material consideration in determining planning applications.

A further legal challenge by CALA Homes has recently been unsuccessful in the High Court and so the Coalition Government's intended abolition of Regional Strategies must now be taken into account when making planning decisions. However, CALA Homes have appealed this ruling and have been given permission to go to the Court of Appeal.

Planning Minister Bob Neill made a written ministerial statement on 6 April 2011 that stated the Government are to carry out an environmental assessment of its decision to revoke Regional Spatial Strategies. This is being undertaken on a "voluntary basis" to assess whether there are any significant environmental effects of revoking each regional strategy.