21st April 2009, 07:16 PM
Posted by Stephen:
Councils are required to formulate Local Plan policy and deal with planning applications in line with the most recent published central government guidance. For archaeology, that is PPG16. Any policy that contradicts PPG16 would therefore be open to challenge during the Examination in Public of the relevant Plan, where it would probably be overturned. Even if it did get adopted, it may be open to legal challenge.
Any policy or individual planning decision that goes significantly beyond the requirements of PPG16 would be open to legal challenge on grounds of 'reasonableness'.
Councils don't like legal challenges - they use up a lot of officer time and use up the council tax money to pay lawyers.
1man1desk
to let, fully furnished
Quote:quote:Councils are not governed by PPG16Not entirely true.
Councils are required to formulate Local Plan policy and deal with planning applications in line with the most recent published central government guidance. For archaeology, that is PPG16. Any policy that contradicts PPG16 would therefore be open to challenge during the Examination in Public of the relevant Plan, where it would probably be overturned. Even if it did get adopted, it may be open to legal challenge.
Any policy or individual planning decision that goes significantly beyond the requirements of PPG16 would be open to legal challenge on grounds of 'reasonableness'.
Councils don't like legal challenges - they use up a lot of officer time and use up the council tax money to pay lawyers.
1man1desk
to let, fully furnished