When asked by TCDS to clarify the legal position, and the degree to which SHDC will uphold the Atmos plan as stated in the Joint Local Plan, SHDC write to confirm that “the Council as the LPA will always give the Joint Local Plan policies primacy in accordance with s38(6) of the 2004 Act. Any proposal must address these policies, in particular TTV22, and unless the applicant can demonstrate to the Council that there are material considerations which justify departure from these policies to the Council it is unlikely an alternative scheme would be supported”.
