Box 1 The legal status of the development plan, and why it matters

摘要

Section 38(6) of the Planning and Compulsory Purchase Act 2004 continued the plan-led regime established in 1991. The 2004 Act defined the development plan as consisting of the Regional Spatial Strategy for the region in which the area is situated and the development plan documents (taken as a whole) which have been adopted or approved in relation to that area. Decisions must be made 'in accordance with the plan unless material considerations indicate otherwise'. This gives the development plan clear primacy over other strategies in planning decisions.