It's Official - Premature Applications Are Now Confirmed

At the beginning of March I blogged about the apparent volte-face exhibited by the illustrious Eric Pickles MP in objecting to planning appeals on the grounds of any decision being premature pending adoption of emerging Core Strategies and the like.

http://theplannerman.blogspot.co.uk/2012/03/will-premature-objection-lead-to-poor.html

This self evidently flies in the face of a Government which has - up to now - positively strived to avoid any delay in getting Britain back into development mode ASAP and blamed the time consuming planning system and all its minions for all the ills of the world as a result.

However, despite previous decisions to the contrary, Mr Justice Beatson has now supported Mr Pickles stance in a case brought by Wainhomes; who sought to get Pickles’ dismissal of its planning appeal overturned for a 1,300-home project in St Austell.

The judge upheld the secretary of state's decision that the scheme would be premature, as it would detrimentally affect the Core Strategy in Cornwall contrary to the government's localism agenda.

The new National Planning Policy Framework (which sets out the localism agenda as far as I can see) makes it clear that in determining planning applications:

Local Plans are the key to delivering sustainable development that reflects the vision and aspirations of local communities. Planning decisions must be taken in accordance with the development plan unless material considerations indicate otherwise. ( para150)

The planning system is plan-led. Planning law requires that applications for planning permission must be determined in accordance with the development plan, unless material considerations indicate otherwise. This Framework is a material consideration in planning decisions. (196)

And there are a raft of other references about positive planning, giving weight to existing plans and so forth.

The point is, an adopted 'development plan' already exists in most places and is operational in determining applications right now. So what Pickles is really getting at in the NPPF is the following:

Planning law requires that applications for planning permission must be determined in accordance with the development plan [no, not the currently approved one, the one that's coming out some time in the foreseeable future, we hope, if seriously underfunded and understaffed local authority planning policy teams get their finger out and we don't have too much delay at public consultations and hearings and neighbourhood planning tea parties and every other damn thing that has to happen before a Core Strategy is adopted, finally, if there is no legal challenge], unless material considerations indicate otherwise. This Framework is a material consideration in planning decisions.

So throw all that NPPF nonsense out of the window then and apply the emergency brakes to potentially all and every type of development (prematurity is not just for Christmas it's until the LDF is approved), whilst we await the outcome of yet another round of development plan consultations and enquiries.

Brilliant. Just what we needed. Delay, delay and more delay.

Well Mr Cameron. You only have one person to blame now for planning delays and it ain't us planners.