Summary
An adopted policies map is a local development document, not a development plan document or part of the local plan. Its function is to illustrate geographically the application of adopted planning policies. Where the map contains an administrative error and the underlying policy requires no amendment, a local planning authority may correct the map by resolution under sections 23 and 26 of the Planning and Compulsory Purchase Act 2004. The statutory procedure for amending a local plan is unnecessary.
A clear and unqualified public representation may create a substantive legitimate expectation. The authority may nevertheless depart from it where an overriding public interest justifies the departure and the decision is proportionate. Ensuring that an adopted policies map accurately records binding planning policy was such an interest.
Factual background
The claimant sought judicial review of the Council’s resolution of 13 February 2019 to correct the adopted policies map for the Vale of White Horse Local Plan 2031 Part 1. The map mistakenly showed land at North Hinksey outside the Green Belt, although the examining Inspector had rejected its release and the adopted policy and supporting text retained it within the Green Belt.
The claimant argued that the Council could alter the map only through the statutory process for modifying a local plan. He also relied on representations made during the examination of Local Plan Part 2, which he said created a legitimate expectation that the correction would be withdrawn. The central issues were whether the correction was lawfully made and whether departing from the representations was unfair or disproportionate.
Held
- Claim dismissed. The adopted policies map had been incorrectly left unchanged after the Inspector’s recommendations. The evidence displaced any presumption that the map was correct.
- An adopted policies map is an LDD but not a DPD and does not form part of the local plan. Under regulation 9 of the Town and Country Planning (Local Planning) (England) Regulations 2012, it illustrates geographically the application of policies in the adopted development plan. The policy text and supporting text, rather than the map itself, contained the substantive planning policy.
- The Council could correct the map under sections 23(1), 23(5) and 26(1) of the Planning and Compulsory Purchase Act 2004. Because the local plan policy did not require amendment, the Council was not required to undertake the statutory process for amending a local plan or submit a new submission policies map.
- Section 113(2) did not prevent the correction. It restricted legal challenges to documents within section 113(1), such as a DPD, and did not apply to an adopted policies map.
- The Council’s note to the Part 2 Inspector contained clear representations that it would withdraw the correction and revert the map to its December 2016 form. Those representations created a substantive legitimate expectation.
- Nevertheless, the Council was entitled to resile from them. The map had to accurately illustrate the adopted Green Belt policy, and the Inspector’s recommendations were binding on the Council. Accuracy of published planning documents and good administration supplied an overriding public interest. The claimant had been given an opportunity to make representations, and the departure was proportionate and lawful.
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Key cases cited
11 authorities cited.
- Francis Paponette and others v The Attorney General of Trinidad and Tobago (Trinidad and Tobago) [2010] UKPC 32
- R (on the application of Bancoult) Respondent v Secretary of State for Foreign and Commonwealth Affairs (Appellant) [2008] UKHL 61
- Abdi v Secretary of State for the Home Department [2005] EWCA Civ 1363
- Fox Land & Property v SSCLG [2005] EWCA Civ 298
- Association of British Civilian Internees - Far Eastern Region v Secretary of State for Defence [2003] EWCA Civ 473
- R (Bibi) v Newham London Borough Council (R (Al-Nashed) v Newham London Borough Council) [2001] EWCA Civ 607
- R v North and East Devon Health Authority, Ex p Coughlan [1999] EWCA Civ 1871
- R v Secretary of State for Education and Employment, Ex parte Begbie (Begbie, Ex parte) [2000] 1 WLR 1115
- Jopling v Richmond-Upon-Thames London Borough Council & Anor [2019] EWHC 190 (Admin)
- Skipton Properties Ltd v Craven DC [2017] EWHC 534
- R v Inland Revenue Comrs, Ex p MFK Underwriting Agents Ltd [1990] 1 WLR 1545
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Cases citing this case
1 later case · 1 positive
Most senior citing decisions:
- Lochailort Investments Limited v Somerset Council [2023] EWHC 1776 (Admin) applied
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