ABSTRACT
The purpose of this chapter is to explore the relationship between planning law and planning policy, and to ask whether, in some cases, there is a relationship at all. The aspect, which will be dealt with in most detail is a review of planning law and policy relating to the role of the development plan in planning decisions, exploring the legal background to Section 54A of the Town and Country Planning Act 1990, and its relationship to national planning policy as contained in PPG1 General policy and principles (DoE/WO 1992a). Other aspects that will be covered are the use of Grampian conditions, contrasting the approach of the Secretaries of State and the courts, and recent developments in the field of planning advantage. The overall thesis is that in reaching development control decisions in several different respects, the identification of relevant issues for the decision-maker is largely a matter of law, but the manner in which they are applied remains largely a matter of policy. Broadly, as long as the planning decision is approached in a legally correct way-for instance, asking the right questions, taking relevant factors into account and excluding irrelevant factors-the courts will not interfere with the judgement of the decision-taker. A key factor is asking the right questions.
