Regional strategies - the saga continues
June 1st, 2011 by Louise Humphreys
In the latest round of the ongoging saga of regional strategies and the Government's intention to revoke them, Cala's latest appeal has been dismissed. The Court of Appeal has determined that it is not inappropriate for decision-makers to take account of the Secretary of State's intention to revoke RS as a material consideration. A copy of the transcript can be viewed here and a useful summary can be found on the website of Landmark Chambers.
The judgment does suggest that there may be very few cases where that weight to be given to the intended revocation of RSS should be significant, but even giving something limited weight can be enough to sway the outcome of planning decisions.
In dismissing the appeal, the Court did, however, sound a note of caution. It would be wrong to assume that the passage of the Localism Bill must inevitably lead to the abolition of RSS, not least because such abolition is also subject to the Strategic Environmental Assessment which the government has undertaken to carry out.
The fact therefore remains that, for the present, RSS form part of the Development Plan, and s.38(6) of the 2004 Act applies accordingly.