Lacking support

An allowed appeal for the residential conversion of a Derbyshire pub (DCS Number 200-006-392) reminds us that the supporting text attached to a planning policy ought not to be relied on too heavily.

The inspector acknowledged that the supporting text to the relevant policy stated that as part of their submissions for planning permission applicants would be required to demonstrate the extent to which they had marketed the business as a going concern. She recorded, however, that the decision in Cherkley Campaign Ltd, R (on the application of) v Mole Valley District Council & Anor [2014] confirmed that something in the supporting text, if not referred to in the policy itself, cannot have the same force as a policy. She found that she did not have evidence of the marketing campaign, beyond the particulars of the property, to be satisfied that the appellant had demonstrated satisfactorily the marketing of the property as a going concern. But in any event, given the limited weight attached to this requirement, she concluded that the conflict with the policy was limited in this regard.

The following DCP chapter is relevant: 4.2

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