Navigating the complexities of planning appeals can be a daunting task for property developers, homeowners, and planning professionals alike. One area that often causes confusion is the role and legal status of planning guidance and supplementary planning documents (SPDs). When facing a planning appeal, understanding how these documents are used and what legal weight they carry is crucial to building a solid case. This article delivers a comprehensive overview of planning guidance, SPDs, their preparation, status, and how they feed into the appellate process.
What is Planning Guidance?
Planning guidance comprises a range of national and local documents offering explanations, recommendations, and elaboration on the policies found within core planning strategies. These documents fall into two broad categories: national planning guidance, such as the National Planning Policy Framework (NPPF) and Planning Practice Guidance (PPG), and locally produced documents like Supplementary Planning Documents (SPDs).
National planning guidance is designed to set out the government’s approach to development and land use, helping authorities and applicants interpret overarching planning policies. Local planning guidance, meanwhile, frequently focuses on specific issues or areas, providing detailed advice on design, affordable housing, sustainability, and other planning matters.
Supplementary Planning Documents (SPDs) Explained
SPDs are documents produced by local planning authorities (LPAs) to give further guidance on specific policies or proposals within their development plans. SPDs cover topics such as design codes, masterplans, site-specific guidance, or environmental considerations. They do not form part of the statutory development plan, but they are material considerations in planning decisions.
SPDs are intended to expand on policies within higher-tier plans (such as Local Plans), rather than introduce new policy. Their preparation involves public consultation, evidence gathering, and formal adoption by the LPA. The process enhances the legitimacy of SPDs as guiding documents and ensures they reflect community views and sound planning judgment.
The Legal Status of National Planning Guidance
National documents like the NPPF and PPG hold substantial sway during the planning and planning appeal process. While the NPPF does not have legal effect in its own right, it is a statement of government policy and must be taken into account in the production of development plans and in day-to-day decision-making. The courts have made it clear that decision-makers must have regard to guidance contained within these national texts.
Planning Practice Guidance (PPG), delivered online, further assists planners and applicants by providing clear explanations and examples. Both NPPF and PPG are consistently referenced at appeal and by planning inspectors to ensure decisions are nationally consistent and in line with government policy.
The Legal Status of Supplementary Planning Documents (SPDs)
The pivotal legal issue with SPDs is that they do not form part of the development plan as defined by section 38(6) of the Planning and Compulsory Purchase Act 2004. This means that, while the statutory presumption in favour of the development plan applies only to statutory policies, SPDs are nevertheless a material consideration in planning decisions and appeals.
Section 19 of the 2004 Act, as amended, and associated regulations, set out requirements for consultation, adoption, and publication of SPDs. These steps accord them a robust status but not that of primary policy. In appeals, the weight to be attached to an SPD depends on its relationship to the parent policy, its currency, the consultation undertaken, and the degree to which it can be said to genuinely support the implementation of adopted policy.
Material Considerations in Planning Appeals
Material considerations are factors that must be taken into account when determining a planning application or a planning appeal. While the development plan sits atop the hierarchy, inspectors must also weigh up all material considerations, including SPDs and national guidance.
Case law, such as the judgement in R (on the application of Miller Homes Ltd) v Leeds City Council [2014], confirms that SPDs can be very influential, provided they derive from, and do not go beyond, adopted plan policy. If an SPD is relied upon in a refusal, the appellant can mount a challenge if the SPD oversteps its remit or has not been properly adopted.
How Guidance and SPDs Affect Planning Appeals
When an appeal is lodged, whether against refusal or conditions imposed on a planning permission, national and local guidance comes under scrutiny. The appointed Planning Inspector will review all relevant material, including SPDs, to understand both how and why the LPA arrived at its decision.
If a refusal is largely based on an SPD particularly one that sets out detailed design guidance or thresholds on issues like affordable housing or open space the inspector will consider whether the SPD supports the interpretation of the relevant statutory policy, and whether its production followed proper procedures.
Conversely, appellants may seek to demonstrate that an LPA has relied too rigidly on SPD provisions without allowing for flexibility, which the courts and the NPPF both advocate. Inspectors will judge the balance between following guidance and interpreting the statutory policies pragmatically and in context.
Preparation and Adoption Process for SPDs
For an SPD to be given significant weight at appeal, it must be lawfully adopted following appropriate consultation and environmental assessment, where necessary. The process involves:
- Evidence gathering and scoping of issues
- Preparation of a draft SPD
- Public consultation, typically for no less than four weeks
- Consideration of representations and revisions to the SPD
- Formal adoption by the Local Planning Authority
Failure to observe this process can reduce the weight given to an SPD at appeal and may be cited by appellants as a procedural deficiency. The more recent and better-consulted the SPD, the more likely an Inspector will afford it significant weight as a material consideration.
Interaction Between Statutory Policy and Guidance at Appeal
SPDs and planning guidance cannot override adopted policies, but they can explain, interpret, and provide supplementary detail. If an LPA or an appellant relies almost exclusively on SPDs in their arguments, Inspectors are likely to consider if the SPD genuinely flows from the plan policy, or whether the argument should in fact be made under the policy itself.
For example, design SPDs may set out preferred materials, storey heights, or site layouts. An appeal against a refusal on design grounds may hinge on the Inspector’s assessment of whether the SPD’s requirements are directly supported by relevant plan policies, or whether the SPD has drifted into setting new policy, which it cannot lawfully do.
Common Issues Explored at Planning Appeal Hearings
During hearings and inquiries, parties to the appeal frequently debate the status and weight of SPDs and planning guidance. Common issues include:
- Whether the SPD was properly consulted on and adopted in compliance with regulations
- Whether the SPD is directly consequent to, and consistent with, adopted plan policy
- The age and relevance of the SPD relative to up-to-date national planning guidance
- Whether the SPD introduces new policy, or provides clarification and interpretation
Appellants sometimes argue that the decision notice is overly reliant on an SPD at odds with the parent policy or has not had proper regard to national policy, which often encourages a flexible, case-by-case approach.
Case Law on the Status of Planning Guidance and SPDs
The courts have repeatedly made clear the distinction between statutory policy and material planning guidance. The case R (Kaufman) v LB Richmond upon Thames [2018] reinforced the point that an SPD cannot be used to introduce “new” development management policy but can be highly influential in providing practical details on implementation.
Judges have also highlighted the importance of proper process: if a document purporting to be an SPD has not been adopted following due process, its weight will be minimal at appeal. Conversely, where an SPD is up-to-date, evidence-based, and the product of inclusive consultation, Inspectors are more likely to rely on it when determining appeals.
Securing the Right Strategy in Planning Appeals
Understanding the legal status of planning guidance and Supplementary Planning Documents is essential when navigating planning applications and appeals. While SPDs do not form part of the statutory development plan, they can carry significant weight as material considerations particularly when properly prepared, evidence-based, and clearly aligned with adopted policy. Equally, where guidance overreaches or has not been lawfully adopted, it may be open to challenge.
In planning appeals, success often turns on how effectively national policy, local plan policies, and supplementary guidance are interpreted, balanced, and argued. A clear understanding of the hierarchy of planning documents and the weight each attracts can make a decisive difference in the outcome of an appeal.
At Charrette Law, our planning and development law specialists provide expert advice on planning appeals, judicial review, policy interpretation, and challenges involving Supplementary Planning Documents. We help clients assess the strength of their case, scrutinise the legal standing of planning guidance, and build robust, policy-led arguments before the Planning Inspectorate.
Contact Charrette Law today for strategic advice on planning appeals and ensure your case is positioned on firm legal and policy foundations.