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Our initial plan was refused in one area in that the examiner thought we had not defined the areas we would accept development in around the “Village centre”.
We commissioned a report to define the area. In between 2 builders put in planning applications outside our agreed areas did not gain permission then on appeal they got it as our city council could not show a 5 year housing supply.
The redrafted plan has gone to the examiner again who says he will report in May (?)
My query is if we this time he accepts it and it goes to referendum can the 3 year supply rule as applied to agreed plans be applied retrospectively? -
I don’t think planning permission is often revoked once granted, unless it goes to judicial review and they find out that the process for assessing planning permission, or the appeal judgement was done incorrectly. I think in this case as the permission was granted correctly according to current policy (at the time) there would be little grounds for it to be revoked. Maybe you could write to the secretary of state and ask him to call it in?
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I’m told there is a concept of an ‘Emerging plan’ which, if produced, has to be accepted as guidance to planners. Unfortunately I don’t know what the definition of an ‘Emerging plan’ is.
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I think ’emerging’ is usually a plan which is in consultation draft stage. So one which has the up-to-date evidence base to go to publication.
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