ABSTRACT
There have also been a number of cases where challenges have been made to the process in adopting local plans. In Electricity Supply Nominees Ltd v Secretary of State and Northavon District Council and Kingswood Borough Council [1992] JPL 634; 2 PLR 70, the issue related to the consideration by the inspector at the local plan inquiry of competing proposals; one proposed by the developer and the other proposed by the planning authority in the local plan. The developer in support of his argument cited PPG 1, para 15 which refers to a presumption in favour of development, whilst the local planning authority argued in favour of the site which formed part of their plan. Whilst the court accepted there was little to choose between the two proposals, the inspector had found in favour of the plan. The courts held that the planning authority had discretion in the content of its plan, provided it acted reasonably, and that the presumption in favour of development formed part of their consideration. The inspectorate, when faced with competing sites may, therefore, prefer that shown in the plan although there is nothing substantially wrong with the developer’s proposal and he may find no substantial planning objections to the objector’s site. The presumption in favour of development may be overruled in such cases. This case was decided in November 1991 prior to the introduction of s 54A which places emphasis on the plan as the primary factor to be taken into account in the determination of planning applications.
