Can a neighbourhood development plan made under section 38A of the Planning and Compulsory Purchase Act 2004 as amended (“the 2004 Act”) include site allocation policies?
In the Court of Appeal case of Larkfleet Homes Ltd, R (on the application of) v Rutland County Council & Ors , Larkfleet said that the statutory power to make neighbourhood development plans that include site allocation policies had been cut down by regulations made under a section located elsewhere in the statute and dealing with a different subject, that is to say local development documents.
The court said the provisions relating specifically to neighbourhood development plans are plainly wide enough to allow site allocation policies to be included in such plans.
It would be very odd if site allocation policies could not be included in them, because the location of housing is likely to be the single most important planning issue for a neighbourhood.
Anyway, section 38B deals with the provision that may or may not be made by neighbourhood development plans.
There is nothing in the section itself to restrict the inclusion of site allocation policies.
There is an express power in subsection (4) for regulations to restrict the provision that may be made, however the regulations under the section, the Neighbourhood Planning Regulations, contain no material restriction.
So, the statutory regime governing neighbourhood development plans clearly permits such plans to include site allocation policies.
This blog has been posted out of general interest. It does not replace the need to get bespoke legal advice in individual cases.