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

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