Constitution Part 5 - Planning Code of Practice

Decisions contrary to the development plan

18.1 Planning decisions must normally be taken in accordance with the Development Plan (see paragraph 5.3).

18.2  If Officers are recommending granting planning permission significantly contrary to the development plan:

  • The decision will always be taken by Committee, and not as a delegated decision.
  • The Officer’s report to the Committee must clearly identify the material planning considerations and how they justify overriding the Development Plan.
  • The application will have been advertised by a site notice and a local newspaper advertisement, in accordance with Part 3 (15) of The Town and Country Planning (Development Management Procedure) (England) Order 2015 as amended.

18.3  In some circumstances (as defined by Government Direction) the application will be referred - normally after the Planning Committee has agreed a recommendation - to the Secretary of State to enable him/her to decide whether to ‘call in’ the application to be decided centrally. More details are set out in Appendix 2.