It has long been established that central government policy can amount to a material consideration in the determination of a planning application, including policy of departments other than Communities and Local Government. However, before a local planning authority (LPA) is bound to have regard to a specific policy it must be clear that the policy in question has actually emerged.
In R (on the application of Griffin) v Newham London Borough Council [2011] EWHC 53 (Admin); [2011] PLSCS 18, the LPA had granted planning permission varying conditions attached to an existing planning permission governing the operation of London City Airport so as to allow an increase of around 40,000 flights per year. This accorded with the planning officer’s recommendation, which confirmed that due regard had been given to the Air Transport White Paper (ATWP) issued in 2003. That advocated the growth of existing airports, while recognising that this must be balanced against environmental consequences. The planning officer concluded that, on balance, the adverse effects of the proposal were not such as would justify withholding consent in the light of the benefits that would flow.
The claimant sought judicial review of the LPA’s decision on the ground that it had erred in law in not considering a change in central government policy. She contended that seven months before the grant of planning permission the policy with regard to aviation and climate change had fundamentally changed, and pointed to a statement made by the secretary of state for transport in parliament that the government intended to establish a new target to get aviation emissions in 2050 below 2005 levels. More particularly, she argued that this change in policy should have been drawn to the attention of the planning committee as a highly material consideration.
The court dismissed the claimant’s application. It held that there had been no relevant policy change that ought to have been brought to the notice of the planning committee. The ATWP remained the appropriate policy statement. Neither expressly nor by implication did the later parliamentary statement place a limit on increased capacity at existing airports. It was clear from the statement that the means of achieving the target had not been decided on, and that advice was awaited. It was not for the LPA to work out a new policy in the meantime.
John Martin is a freelance writer
