Chapter 2: Development plans etc Development plans and national policy Section 93: Role of development plan and national policy in England Effect
Subsection (2) inserts subsections (5A)-(5C) into section 38 of the Planning and Compulsory Purchase Act 2004. Inserted subsection (5A) provides that subsections (5B) and (5C) apply in England where the planning Acts require that regard be had to a development plan and any national development management policies. Inserted subsection (5B) requires that those planning decisions must be made in accordance with that development plan and national development management policies unless material considerations strongly indicate otherwise. Subsection (5B) is subject to the existing provision regarding internal conflict between components of the development plan (subsection (5)) and to new subsection (5C), which provides that in the event of conflict between the development plan and national development management policy, national development management policy has primacy.
	Subsection (3) disapplies in England the current formulation of the weight to be given to the development plan (leaving section 38(6) applying only to Wales).
	Subsection (4) provides for the interpretation of national development management policy.
	Subsection (5) introduces Schedule 6 which provides, where relevant, for regard to be had to the development plan and any national development management policies.