« Previous | Contents | Next »
Listen
Deciding what constitutes a departure
KEY ADVICE
- Ensure that development plan policies are concise, precise and based on sound reasoned justification (paras 7 & 8).
- If uncertain, treat application as a potential departure which is subject to the procedures in this PAN (para 9).
- All departures, or potential departures, from the development plan must be advertised (para 9 & 10).
- The Notification Direction 1997 requires that significant departures from an approved Structure Plan be notified to the Secretary of State (para 11).
- No "significance test" is applicable under the DCDP Direction 1996 as all departures from the Development Plan must be advertised and the DCDP procedures followed (para 11).
7. The first step for authorities in operating the DCDP direction is to decide whether a planning application which they have received is contrary to the development plan. Does it in fact constitute a departure? Problems arise where development plan policies are either too general or criteria-based or where there is no up-to-date development plan coverage. It is not helpful when non-statutory policy statements approved by Council resolution sometimes supersede and contradict statutory planning policy yet no follow-up action is taken formally to alter the development plan. It is important that development plan policies and proposals are as clear and precise as possible.
8. Advice on the wording of policies in both local and structure plans has been issued in PANS 37 (Revised 1996) and 49 on structure and local planning. Ambiguous expressions such as "generally" or "where appropriate should not be used unless the exceptions are defined in the policy. In particular, policies should not be framed to accommodate every possibility. Where applications have to be assessed against criteria-based policies, it is important that such policies are also precise and specific so enabling a departure, or potential departure, to be identified as easily as possible. A structure or local plan policy should be self-contained and not depend on other documents for interpretation.
9. Where an authority is uncertain, the planning application should be treated as a 'potential' departure and be advertised on receipt. Thereafter, the departure procedures as described in this PAN should be followed. Any increase in advertising and administrative costs should not be significant and should be offset by the reduction of costs of correspondence in dealing with post-decision controversy.
10. As a result of consultations and assessment of relevant policies, an authority which did not consider an application to be a departure on receipt, may conclude that it is contrary to the development plan. In such cases, it is important to begin departure procedures, even at this late stage, and to advertise the application as soon as possible. The authority should then reassess the application in the light of any representations. Whilst this may lead to some delay in a few cases, it will help to ensure adequate publicity and opportunity for representations.
Notifying Significant Departures To The Secretary of State
11. The Notification Direction 1997 (issued under cover of SODD Circular 4/1997), requires that significant departures from an approved structure plan 3 must be notified to the Secretary of State. It should be clearly understood that this significance test is separate from, and additional to, the DCDP Direction 1996, which requires that departures from the development plan must be advertised and any resulting representations considered. In this context it should be noted that paragraph 2 of the DCDP Direction provides that the Direction "does not apply to an application for planning permission to which an article 17 direction applies, during the restriction period referred to in such direction." This means that a planning authority cannot grant permission for a departure under the powers contained in the DCDP Direction during the period in which paragraph 2 of the Notification Direction (which is 'an article 17 direction") prevents an authority from granting planning permission following notification of an application to the Secretary of State. This period allows him to decide what action, if any, he is going to take on an application notified to him,
12. Consistency in defining "significant" development plan departures continues to be important, although local government reorganisation raises some new issues. In areas where responsibility for structure planning rests with one authority in the new local government structure, a consistent approach can be expected. Where more than one authority is involved, authorities may wish to consider whether there would be an advantage in jointly agreeing a single view of what constitutes a significant departure from an approved structure plan. In the final analysis it is, of course, a matter for the individual authority to determine.
« Previous | Contents | Next »