As stated above, the development plan is a key consideration in the determining of planning applications. Thus those applications which are in line with policies in the development plan are more likely to gain a positive outcome. However, the WDA may wish to proceed with the acquisition of a site required for a residual waste management project where the adopted development plan is out of date and the waste core strategy and associated DPD are still emerging.
What are the transitional arrangements?
• The transitional arrangements were put in place on commencement of the PCPA. The Act, recognising the need to avoid gaps in development plan coverage if all existing adopted local plans, unitary plans and relevant structure plan policies were disregarded, allows existing adopted policies to be automatically saved until September 2007. The expectation was that there would be a swift transition to LDF within these timescales. However, it is anticipated that some planning authorities and regional planning bodies will be requesting to extend the saving of old policies beyond the three-year period, and CLG have produced a protocol on handling these requests2. The LDS sets out which policies are to be saved and, for each saved policy, if it is to be replaced, deleted or merged, the timing for that, and within which DPD any replacement policy is to be located.
Can we proceed with a procurement under the transitional arrangements?
• There is no reason why the lack of an adopted DPD should delay a WDA acquiring a site and at least starting on the processes integral to the making of a planning application, as saved policies should guide development decisions. However, officers involved in the project procurement process must engage with waste planning officers to clarify the timetable for adopting waste development documents and if there is any good planning reason to change the procurement timetable.
• If a site has been selected, test its suitability in planning terms against the criteria for identifying suitable sites and areas as set out in PPS 10 at paragraph 21 (i), paragraph 24 and Annex E of the PPS, and also in the Companion Guide at paragraphs 8.13-8.17. Also refer to paragraphs 7.36 - 7.38 of the Companion Guide on "Testing the Suitability of Sites and Areas". In addition there may be criteria set out in up-to-date RSS's for assessing applications and identifying broad locations for facilities.
• Paragraph 5 of PPS 10 provides principles to be followed by the LPA in determining applications. The third point refers to the need for an application for a waste management facility received prior to the review of the development plan to reflect PPS 10 (e.g., through the adoption of the DPD) and to have regard to policies in PPS 10 and that these policies may supersede policy in the adopted waste local plan. The applicant needs to be aware of this when preparing the supporting statement and policy justification for the proposal.
_______________________________________________________________________
2 Department for Communities and Local Government - Protocol for handling proposals to save adopted Local Plan, Unitary Development Plan and Structure Plan policies beyond the 3-year saved period (2006).