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Local plan
This was a challenge under the Town and Country Planning Act 1990 s.287 contending that the terms of a policy within the local plan were not capable of supporting the assertion that the local plan was in general conformity with the structure plan.
The local plan policy contained a proviso making clear the circumstances in which the strategic policy would be given effect. The Court held that the way in which the policy was worded fell within the meaning of general conformity as the word general introduced a degree of flexibility. It is difficult to define the scope of the statutory phrase 'in general conformity' as a matter of universal principle; it is easier to decide whether specific policies come within it. However it seems to me that, judged objectively, the words are wide enough to encompass a reproduction of the structure plan policy in the local plan, subject to a qualification as to justification or timing that nonetheless contemplates that the purpose of the strategic policy may be achieved in the plan period. The way the SBC have worded Policy H2 and its explanatory material does fall within the scope of the phrase. The application on Ground 1 therefore fails. Persimmon Homes (Thames Valley) Ltd v Stevenage Borough Council [2005] EWHC 957 (Admin)
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