The Statutory Development Plan
The Statutory Development Plan for Pendle provides a framework for the long-term development and conservation of land within the borough. It sets out the policies and proposals for the use of land, for example for specific development uses or for protection, and is produced jointly by Lancashire County Council and Pendle Borough Council.
Decisions on planning applications submitted to Pendle Council are made in accordance with the Statutory Development Plan unless material considerations indicate otherwise. The Planning System aims to ensure that development provides the most efficient, effective and sustainable use of land in the public interest.
The Statutory Development Plan in Pendle currently comprises the following individual plans:
- The Replacement Pendle Local Plan (Adopted 2006) (all policies saved on 21st April 2009 - see Direction Letter) - to be replaced by the Local Development Framework
- Pendle Local Development Framework: Bradley Area Action Plan Development Plan Document (Adopted 2011)
- Policy 29 of the Joint Lancashire Structure Plan (Adopted 2005) - to be replaced by the Local Development Framework
- The Joint Lancashire Minerals and Waste Local Plan (Adopted 2001) partly replaced by the Joint Lancashire Minerals and Waste Local Development Framework (Core Strategy - Adopted 2009)
- North West of England Plan - Regional Spatial Strategy to 2021 (Published September 2008)
Collectively, these documents explain what type of development will normally be allowed and where.
The Replacement Pendle Local Plan was adopted in May 2006, and covers the period from 2001 to 2016. However, due to reforms in the way that development plans are structured and prepared (Planning and Compulsory Purchase Act 2004), the Replacement Pendle Local Plan will be saved for a period of only three years unless the Secretary of State agrees to an extended saved period. (Now saved following a direction from the Secretary of State). It, together with the Joint Lancashire Structure Plan, will be replaced by the Local Development Framework (LDF), for which work is already well underway.
Regional Spatial Strategy Revoked
The status of regional planning has recently changed. On the 6th July 2010 the Secretary of State for Communities and Local Government revoked the Regional Spatial Strategy (RSS) for the North West. This meant that the RSS no longer formed part of the Statutory Development Plan for Pendle and the policies contained in this document were no longer to be used when determining planning applications or preparing the Local Development Framework.
A ruling in the High Court on the 10th November 2010 found that the revocation of the Regional Spatial Strategies was unlawful. Consequently the Department for Communities and Local Government (CLG) have issued a statement which re-establishes the RSS as part of the Development Plan. However, the Secretary of State has emphasised his intention to abolish RSSs as part of the Localism Bill and that Local Planning Authorities should have regard to this intention as a material consideration in any planning decision.