PINs Attempts to Clarify the Status of Regional Strategies
PINS has now published guidance for Inspectors on the material weighting of Regional
Strategies in relation to preparing Local Development Frameworks and considering Planning
Appeals. This follows the recent decision by the High Courts which found in favour of Cala
Homes’ challenge to the revocation of Regional Strategies by Eric Pickles, Minister for
Communities and Local Government.
The Honourable Mr Justice Sales found that the Secretary of State did not have the powers he
thought he had to abolish Regional Strategies, and neither had Eric Pickles undertaken the necessary
assessments of the implications of his decision. The Secretary of State has now decided not to appeal
the decision but has instead reiterated his intention to revoke Regional Strategies through the
Localism Bill, whilst PINs has issued guidance.
The guidance aims to set out temporary arrangements in the run up to the Localism Bill receiving
Royal Assent sometime towards the end of 2011. The Localism Bill includes draft primary legislation
which is intended to formally abolish Regional Strategies and repeal the associated legislation. The
Bill is also expected to deal with other matters which will allow the Government to provide greater
powers to local authorities and communities.
The temporary arrangements set out in the guidance are however far from straight forward, due to a
number of matters which all pivot on the fact Regional Strategies now only have a limited life span.
The first key matter is that Regional Strategies are part of the statutory development plan. This means
they are a material consideration in the determination of planning applications and Appeals, and Local
Development Frameworks are required to be prepared in conformity with Regional Strategies.
The second key matter is that the Secretary of State has suggested limited weight should be given to
Regional Strategies given his intention is to abolish the regional policy through the Localism Bill.
There is a fundamental conflict here between the need to have regard to Regional Strategies and then
disregard Regional Strategies. In the latest guidance from PINs, it appears that the way in which this is
being dealt with is to consider three key factors:
1. Timing – in terms of progress of the Localism Bill, and then the stage of LDF process or timing
of a Planning Appeal
2. Fairness – towards the applicant or parties
3. Reliance – with regard to any need to refer to Regional Strategy policy.
PINS has made it clear in the guidance that where Regional Strategy policy is to be considered then
the parties involved will be consulted to establish how much weighting should be given to the Regional
Strategies policies.
There is however now a chance that PINs will find a need to issue further guidance, as Cala Homes
has applied to bring a further challenge against the Secretary of State. This is because they consider
that Eric Pickles is continuing to act in an unlawful manner by suggesting a change to the
development plan system through the forthcoming Localism Bill is a material consideration.
Kathryn Jukes comments: “It is clear that Eric Pickles has been unable to simply sweep away the old
administration in order to progress the Government’s new agenda, but it is just a matter of time before
Regional Strategies are abolished. In the meantime it will be necessary to keep a close eye on
proceedings and allow for flexibility. Being prepared for further changes will ensure planning proposals
have the best prospects during this period of uncertainty.”
For more information, please contact Kathryn Jukes on 07908
666530 or email [email protected]