This is the first case since Cala Homes to consider the current relevance of regional strategies.
The High Court quashed a planning inspector's decision that dismissed an appeal against the refusal of planning permission for a waste treatment facility. The inspector's decision letter, which made no mention of the RS or whether the proposal complied with the development plan, came days after the decision in Cala and the issue of related Planning Inspectorate guidance.
The court held that although the parties had made reference to the RS in the early stages of the process, prior to the purported abolition of the RS, they had not referred to it at the inquiry believing it to have been revoked. Therefore, the inspector ought to have gone back to the parties to seek their views on the materiality and weight to be afforded to the RS.
This case, following Cala, serves as a reminder that the RS remains in force (for now) and must still be considered although it is for decision makers to determine how much weight to give it.
Resource Recovery Solutions (Derbyshire) Ltd v (1) Secretary of State for Communities and Local Government (2) Derby City Council (2011)