R. (on the application of Lochailort Investments Ltd) v Mendip DC

摘要

This appeal concerns the status of Neighbourhood Development Plans, their relationship with local development plans ("LDPs"), their relationship with the National Planning Policy Framework ("NPPF") and the approach sponsors and examiners should take when preparing and assessing such plans. Neighbourhood Development Plans may only be presented for referendum once they have been consulted upon, published, and submitted for examination by an examiner appointed by the Local Planning Authority (Town and Country Planning Act 1990 (as amended) ("TCPA")) Sch.4B. The examiner must assess whether the Neighbourhood Development Plan is compatible with the requirements of TCPA Sch.4B para.8(2) which requires, amongst other things, that the Neighbourhood Development Plan is "appropriate" having "regard" to national policies promulgated by the Secretary of State (para.8(2)(a)).