Draft Site Allocations and Policies (incorporating IP-One Area Action Plan) Development Plan Document
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Draft Site Allocations and Policies (incorporating IP-One Area Action Plan) Development Plan Document
Policy DM40 Land with planning permission or awaiting a Section 106
Representation ID: 38
Received: 13/02/2014
Respondent: Savills
Legally compliant? Yes
Sound? No
Duty to co-operate? Not specified
The Draft Policy as presently proposed fails the tests set by Paragraph 182 of the NPPF. It is neither justified, effective nor consistent with national policy. The policy proposes that in default, if the permissions listed are not taken up, the council will protect the sites listed for residential or residential-led uses. It cannot be certain that residential use will be the most appropriate future alternative use for such sites. Circumstances can change. Other reasonable alternatives may be preferable on their own merits, and may be more deliverable.
The proposed policy ,as currently drafted, fails the tests set by Paragraph 182 of the NPPF .
The policy proposes that in default , if the permissions listed are not taken up , the council will protect the sites listed for residential or residential-led uses.
It cannot be certain that residential use will be the most appropriate future alternative use for such sites . Circumstances can change.
As drafted the policy is not justified in that other reasonable alternatives may be preferable on their own merits . Also, it may not be effective in that the default use may not always prove deliverable . Nor is it consistent with national policy it that it may act to frustrate the presumption in favour of sustainable development at the heart of the NPPF set out at paragraph 14 therein.
