ABSTRACT
Section 54A, to be read in conjunction with s 70(2), requires local planning authorities to make decisions in accordance with the development plan, unless there are material circumstances which ‘indicate otherwise’. Section 70(2), which has not been repealed by s 54A, states that in determining applications, the authority ‘shall have regard to provisions of the development plan, so far as material to the application and to any other material considerations’. The effect is to introduce a presumption in favour of development which is in accordance with the plan, and, at the same time, place the onus on developers to provide convincing reasons why the plan should not prevail. The High Court considered the implications of the new section in St Alban’s District Council v Secretary of State [1993] JPL 374; 66 P & CR 432; (1992) EGCS 147. David Widdicombe QC held that, undoubtedly, the section did provide for a presumption in favour of the plan, but he rejected the submission that the plan should prevail unless there were strong, contrary, planning grounds. He preferred to adhere to the words of the section which made it clear that the presumption may be rebutted if there were ‘material considerations’ which ‘indicated otherwise’.
