Guidance

Development affecting trunk roads: how local planning authorities can challenge a National Highways' recommendation

Procedures for when a local planning authority does not propose to determine a planning application in accordance with the formal recommendation of National Highways.

• From: Department for Transport
• Published: 3 October 2018

Eligibility

This eligibility requirement for contacting the Secretary of State for Transport applies when:

1. A local planning authority (LPA) has consulted a strategic highways company, currently National Highways about an application for planning permission affecting a trunk road or roads, as shown in strategic roads network management map.
2. National Highways has made a recommendation regarding the outcome of the application for planning permission.
3. The LPA does not wish to follow the proposed planning recommendation.

Procedure for contact

In cases of dispute, the LPA has the option to contact the Department for Transport, so that the Secretary of State can be consulted to make a final determining decision. When contacting us, the LPA must supply:

1. A copy of the application together with any accompanying plans and drawings.
2. A copy of any representations made to the LPA in respect of the application (including those made by the company).
3. The reasons why the LPA does not propose to follow the recommendation of National Highways.

Restrictions

The LPA cannot determine the application and must await:

• the decision from the Secretary of State for Transport, which must be complied with

or

• notification by or on behalf of the Secretary of State that the latter does not propose to give any recommendation, from which the LPA may make its own determination

or

• a 21-day period, beginning with the date on which the Secretary of State informs the authority in writing of receipt, which has elapsed without a determination. After this period, the LPA may then make its own determination

Contacting us

You can contact [email protected] by email only.

Background

The full legal procedure is stated in ‘ The Town and Country Planning (Development Affecting Trunk Roads) Direction 2018 (PDF, 123 KB, 1 page)’ released in February 2018 and is part of the wider road planning rules made with National Highways.

Published 3 October 2018