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14 Feb 2017

Local Plan Reasons

The Planning Court has upheld the approach taken by the Inspectors’ guidelines to using short form reasoning when reporting on the soundness of development plans. William Upton represented Tunbridge Wells Borough Council who were facing a challenge to the adoption of their Site Allocations Local Plan, from developers with a particular interest in housing for the elderly (especially C2 housing).

Ouseley J cautioned against the unqualified application of the authorities dealing with reasons on planning appeals, notably the oft-cited principles in South Bucks District Council v Porter (No.2) [2004]. The Inspector’s duty to give reasons for his recommendations is not focused on how he has dealt with the participants’ objections. The recommendations relate to why it was reasonable to conclude that the plan was sound and compliant with policy and legal requirements. The Claim was rejected.

The full judgment can be found here