Councillors have agreed to endorse a guidance note which details how applications should be considered for planning in County Durham.
Following the Inspectors interim report on the County Durham Plan there was an identified need to clarify the council’s position whilst the future of the plan is decided. Durham County Council’s Cabinet endorsed the Policy Position Statement to ensure consistent decisions continue to be made. The statement is designed to help all interested parties involved in the process by setting out how much weight can be given to existing local plan policies, neighbourhood plans and the County Durham Plan alongside the Government’s National Planning Policy Framework (NPPF) when applications are considered.
Where no overarching plan exists, the National Planning Policy Framework (NPPF) is weighted towards approving applications unless the negative impacts significantly outweigh the benefits. With the County Durham Plan proceeding to Judicial Review and the already existing adopted local plans being between 11 and 19 years old the council moved to ensure that guidance was provided for how each of these documents should be considered.
Having explored all options for the County Durham Plan, it was felt that there was no other way forward than by pursuing a Judicial Review. Although not the position the council wished to be in, the recommendations presented by the Inspector would mean economic decline. This was submitted on 15 May to the High Court in Leeds. The Department for Communities and Local Government (DCLG) have 21 days following the council’s submission to provide their defence.
A High Court judge will then assess whether or not there is a case to answer. The council however remain committed to avoiding legal action if at all possible and continue to seek a way forward working with the Government.
Whilst the future of the County Durham Plan is being decided, the statement sets out the legal position for considering developments relating to student accommodation, green belt land and affordable housing among others. The aim of the statement is to provide guidance which allows the council to continue to support growth while respecting the natural environment and world-class heritage of County Durham.
Cllr Neil Foster, Durham County Council’s Cabinet member for economic regeneration, said: “Although the council is committed to supporting growth to improve County Durham both economically and socially, this must not be at any cost and it is vital that only sustainable development on appropriate sites should be considered. This statement is essential to ensure that planning applications are dealt with in a consistent and sensitive manner while making sure that appropriate development and investment that could benefit the county isn’t delayed.”