Neighbourhood plan

Sat 26 Jun 2021, 10:36

Peter is quite right to add that extra layer to the cake.  In trying to answer Sam's question I perhaps didn't emphasise enough that WODC would have to show very good reasons to diverge from what is now effectively part of their own Development Plan. 

Thu 24 Jun 2021, 19:03

Thanks Richard, Gareth and Rod for your erudite legal takes on this matter but that doesn't tell the whole story.  Be in no doubt that the Neighbourhood Plan does have teeth and it does give Charlbury greater influence over development within the parish.

As Rod says, the Neighbourhood Plan is now effectively part of "the development plan" and WODC is obliged to take note of its policies and objectives.  It is now up to the Town Council as a planning consultee to be vigilant in its responses to local planning applications by including specific references to our Plan wherever appropriate.  Then, if WODC still wishes to go against the Plan policies referenced by the Town Council, they will at least have to explain their reasoning for that decision.  I would also urge other concerned residents commenting on planning applications to consider quoting the Neighbourhood Plan wherever appropriate.

I would also like to say that WODC has been very supportive of many aspects of the Neighbourhood Plan and we shouldn't automatically assume that they will seek to ignore or override it.  Nevertheless we must keep the pressure on and remain vigilant!

Thu 24 Jun 2021, 15:53 (last edited on Thu 24 Jun 2021, 16:22)

The statutory requirement in relation to planning decisions remains that they be made 'in accordance with the development plan unless material considerations indicate otherwise.'

The 'development plan' for our purposes now consists of the West Oxfordshire Local Plan - and our own Neighbourhood Plan.  Which was one of the reasons for doing it!

The term 'material considerations' however is open to a wide interpretation - essentially anything that matters in planning terms.  So the decision maker has to balance eg the need for new housing against eg the potential harm in other respects, such as the impact on the landscape, neighbouring residents etc.  That involves what's called 'the planning judgment'.

As m'learned friend Mr Fairhurst points out, if you are refused permission you have a right of appeal (in theory to the SoS but in practice most cases are decided by Inspectors who 'stand in his/her shoes' - not always comfortably).  But both he and Mr Epps (no doubt equally learned!) refer to the lack of a right of appeal for third parties where an application is successful.

So a third party can only challenge a decison (in the High Court) as Mr Fairhurst describes, whereas an applicant can appeal and have the 'planning merits' reconsidered (albeit with third parties having the opportunity to participate in the appeal - at least for now...).  The role of the Court is different - it will not look at the 'planning judgment' but only at the lawfulness of the decision and the process by which it was reached.  That applies equally to decisions by Inspectors.

You might think this weights the system in favour of applicants, particularly those with large resources behind them.  You might well think that.  As a former Inspector, I of course could not possibly comment.

Thu 24 Jun 2021, 12:37

Richard is basically right.  The word 'must' is a challenging one to use in planning; I can think of recent examples where the subjective judgments of officers or even Government inspectors lead to judgments that are open to question.

The lack of a third party right to appeal in planning has long fuelled the view that the applicant or developer is in the driving seat.  If WODC decided to ignore the views of Charlbury residents in terms of the Neighbourhood Plan, as in other ways, it could.  However, it would be liable to face the consequences.

Thu 24 Jun 2021, 12:20

If you’re the applicant for the planning application in question, then it’s reasonably easy to appeal against WODC’s decision – there’s a well-established appeals process which ends up with a Government-appointed Planning Inspector making the decision.

If you’re not the applicant… it’s harder. According to the relevant guidance, “A decision by the local planning authority can only be challenged in the courts on a point of law; for example, the way in which the decision has been made and whether the correct procedures have been followed. A challenge in the courts has to be brought within 6 weeks.”

There are people within Charlbury who are very well versed in this sort of thing (I’m not one of them!).

Wed 23 Jun 2021, 22:47

As the Neighbourhood Plan is now "made", from now on when WODC assess a planning application within Charlbury they must stick to the plan's constraints? If WODC wished to go against the plan, say, what's to stop them?