Local Government Lawyer

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The Minister of State for Housing and Planning, Matthew Pennycook, has written to the Planning Inspectorate to outline his expectation that local plans submitted in the current plan-making system should be treated “with an appropriate degree of flexibility”.

In a letter to PINS chief executive Paul Morrison, the minister said: “As you will know better than most, the current system of local plan making is too slow and cumbersome. That is why we are committed to introducing a new model of local plan development that enables better, shorter plans to be produced faster. We intend to publish the regulations and guidance that will underpin that model later this year and I know that you share my determination that the Planning Inspectorate work alongside and support local planning authorities to ensure good plans are put in place as efficiently as possible.

“We have also been clear about the importance of effective strategic planning across local planning authority boundaries, both to support the effective distribution of housing across appropriate geographies and also provide high-level frameworks for infrastructure investment. I look forward to welcoming the development of Spatial Development Strategies across England following the passage of the Planning and Infrastructure Bill.

“In advance of the new plan-making system and mechanisms for cross-boundary cooperation coming into force, the final set of local plans being delivered within the current system remain essential to facilitating the effective delivery of housing, jobs and infrastructure. It is therefore critical that Inspectors approach examinations of current system plans with the appropriate degree of flexibility.”

Pennycook said the evidencing of expectations to establish whether the legal and soundness tests have been met – including with respect to the Duty to Cooperate – should be proportionate to the context in which plans in the existing system are being prepared.

He added that he welcomed that in some cases inspectors were already exercising a degree of flexibility to expedite adoption of local plans.

“For example, I note recent pragmatic decisions to proceed toward adoption in instances where a five-year housing land supply cannot be evidenced at the point of adoption but where the plan significantly boosts supply and still meets housing needs over the plan period or by providing additional opportunities to clarify compliance with the Duty to Cooperate.

“Relevant Planning Practice Guidance provides advice in respect of both of these matters, and will no doubt be of ongoing assistance in assessing whether proportionate evidence has been provided or considering whether stepped housing requirements may be justified.”

Pennycook also noted that it remains important that “we do not see the adoption of poor-quality plans, or accept overly long examinations”.

But he added that, within those bounds, where plans are capable of being adoptable, he wanted inspectors to seek to do so in the examination process.

The minister meanwhile said he was revoking a letter issued in March 2014 by then minister Nick Boles so that PINS has the option, where necessary, to recommend as part of the examination that a Green Belt review is undertaken to consider whether additional sites could be identified, in line with national policy, to meet development needs.

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