The approval of plans and projects - Transport Policy and Planning in Great Britain - page 366

(This is because of the site-specific nature of proposals in DPDs.) However if they do not
wish to appear then the Inspector may decide to deal with matters solely on a written
basis. Normally those supporting the plan will be considered to be represented by the
local planning authority, although the inspector may invite others to be present.
After the examination the Inspector produces a report which gives his or her
conclusions on the soundness of the plan and makes recommendations for any changes.
Unless the Secretary of State intervenes (e.g. because of issues raised of national or
regional importance) these changes must be incorporated by the authority without
further representation before it adopts the plan.
Essentially the same procedures are followed for the examination of local
development plans in Wales (WAG 2005 para 4.32 et seq.). In Scotland too the former
inquiry procedure for the hearing of objections into submitted development plans
is being replaced by a more flexible and selective examination procedure (Scottish
Executive 2007c).
22.3 Individual development proposals
It is a feature of the development planning system in Great Britain that local authorities
exercise discretion in considering proposals requiring planning permission and that they
do not simply follow the provisions of an adopted plan. However this does not mean
that they have free rein - that would invalidate one of the main purposes of preparing
a plan in the first place. In fact when assessing applications local planning authorities
are statutorily required to determine them in accordance with the development plan
unless 'material considerations' indicate otherwise. If an authority decides to refuse
permission, or to attach conditions to a development which is permitted then it has to
give its reasons for doing so. This is of critical importance because an applicant may
choose to lodge an appeal against the decision, in which case the basis of this will be
to challenge the reasons quoted.
As explained previously 'development plan' means the regional spatial strategy
plus local development documents which have been adopted by the local planning
authority as having statutory status. 'Material considerations' means any consideration
affecting the use and development of land which has a bearing on the proposal under
consideration. In terms of transport-related considerations, examples would be the
accessibility of a development site and the design and capacity of provision made for
access, movement and parking by the various modes both within the site and in relation
to the surrounding networks. As far as transport developments are concerned, examples
would be their effect on the natural and built environment and on the functioning of
land use activities both in individual properties and across a wider area. (Note however
that some developments which consist solely of a transport proposal can be granted
deemed planning permission under separate legislation - see following sections.)
National planning policy statements and other guidance notes - even in draft form
- provide a mass of relevant material which authorities are required to have regard
to in coming to their decision. These generalised statements of policy are particularly
important where, as is often the case, adopted planning documents do not provide a
sufficiently detailed or up-to-date basis by themselves for determining applications.
Development applications are normally determined by the local planning authority.
However the Secretary of State (DCLG) has powers to 'call in' and determine
applications herself, although these are only used in exceptional cases. Examples might
be where there are significant cross-boundary effects, where the application is especially