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Planning Permission: Appeals

Volume 487: debated on Tuesday 3 February 2009

To ask the Secretary of State for Communities and Local Government with reference to the answer to the hon. Member for Bromley and Chislehurst of 30 October 2008, Official Report, columns 1287-8W, on planning permission, what guidance has been given to the Planning Inspectorate on how a planning appeal should be considered if a materially relevant Planning Policy Statement or Planning Policy Guidance note has changed in the period after the original planning application was considered by the local planning authority, with particular reference to whether the previous Planning Policy Statement or Guidance or the new version should be applied when assessing the merits of the appeal; and whether the same principles will apply to national policy statements which are revised. (252740)

No such guidance has been issued.

In relation to an appeal under section 78 of the Town and Country Planning Act 1990, the Secretary of State has a power under Section 79(1) of the same Act to deal with an application as if it had been made to her in the first instance, which means that she can take account of any new policy which has come into force since the local planning authority made its decision. An appeal will be determined on the basis of policy which exists at the time the appeal is being determined.