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Showing posts from August, 2025

On NDMPs

To be statutory or to be non-statutory? That, in relation to National Development Management Policies (NDMPs), is the existential Shakespearean conundrum that the custodians of the planning system appear to have been grappling with of late. Section 93 of The Levelling Up and Regeneration Act (LURA) made provisions, you will recall Dear Reader, to replace s.38(6) of the Planning and Compulsory Purchase Act 2004 as it applies in England such that determination of planning applications should be made in accordance with the development plan and any NDMPs unless material considerations strongly indicate otherwise (thereby strengthening the presumption from its current legal formulation). Further, if there is any conflict between the development plan and a NDMP, the conflict must be resolved in favour of the latter. Matthew Pennycook told MPs in November  that the Government planned to consult on the NDMPs “in the spring of next year”, but spring has turned to summer and in reporting th...