Legal Viewpoint: Court provides reminder on development plan duty

Once again, the interpretation of planning policy has come under judicial scrutiny, this time in a case from Kent. Although the case raises no new issue of law, it is a helpful reminder of the two-stage duty under section 38(6) of the Planning and Compulsory Purchase Act 2004 to determine applications in accordance with the development plan unless material considerations indicate otherwise.

by Amy Bennett

Sign in to continue

Sign in

Trouble signing in?

Reset password: Click here


Call: 020 8267 8121


  • 14 days access to subscriber-only content



Prices from £350 /pa*

  • Full access to for 12 months with monthly print issues
  • Track the latest CIL developments with our live table
  • Easily keep up-to-date with the essential planning news, analysis, and policy amendments by having it delivered directly to you with the Planning Daily bulletin

Choose a Package

*For bespoke corporate packages please email or call us on 01452 835820.