Dawlish Neighbourhood Plan must be in "full conformity" with local policies, says Examiner

A planning expert questioned whether the requirement for "full conformity" with the Council's policies goes beyond the test set out in the Localism Act which requires that a neighbourhood plan should be in “general conformity” with the strategic policies contained in the local plan for its area.

The DPNP has been drawn up by a steering group of local representatives, including Dawlish Town Council and Teignbridge District Council, and aims to set out the local community's planning vision for the development of Dawlish Parish over the next 20 years.

A total of 900 new homes were proposed in the DPNP, 270 of which would have been made available as affordable homes. It also outlined that land should be used for new employment land and a range of community facilities.

“The Examiner’s report on the DPNP will make for interesting reading to those groups around the country who are currently in the process of preparing neighbourhood plans," said Jamie Lockerbie, a planning expert at Pinsent Masons, the law firm behind Out-Law.com.

"The report provides us with one of the first interpretations as to what is meant by a neighbourhood plan having to be in 'general conformity' with the strategic policies contained development plan for its area," he said. 

The Examiner's report said that whilst the DPNP was in "broad conformity" with the preferred options for Teignbridge’s Core Strategy, "there are substantive differences in terms of strategic allocations of both housing and employment land".

"While it may be possible to resolve these, particularly as the strategic policies remain to be settled, as currently drafted the two documents are in clear conflict," the Examiner said.

In his covering letter the Examiner said that "the plan should not proceed to referendum. This could only take place once the strategic policies of Teignbridge District Council have been settled and changes had been made to ensure full conformity."

"Some may question if the Examiner's requirement of "full conformity" is a step too far considering that the basic conditions set out in the Localism Act require that a plan should be in “general conformity”," said Lockerbie.

"The fact that Examination also considered whether the DPNP met the tests of soundness also raised some interesting points, largely because the DPNP was considered to be neither positively prepared nor justified," he said.

The Examiner considered the "soundness" of the DPNP, which is not a formal requirement under the Localism Act, following an agreement with Teignbridge District Council. The Examiner assessed whether the Plan had been positively prepared, justified and effective.

"The conclusions as to lack of positive preparation and justification largely centred around the Examiner’s view that assessments of housing requirements and strategic allocations of land ought to be made through the local planning, rather than neighbourhood planning, process", said Lockerbie. "This view goes some way to explaining why the Examiner was not willing to tolerate departures from the strategic policies in the emerging Teignbridge Core Strategy."

"If the DPNP Examiner’s line of thinking is followed in other neighbourhood plan examinations neighbourhood plans will be unable to make any departures from local-level strategic planning policy," said Lockerbie.