Written ministerial statements and the weight they carry
Written ministerial statements are not legislation and not part of the development plan, yet they can state national policy. Here is how to assess their weight and cite one properly.
A written ministerial statement is a statement of government position laid before Parliament in writing rather than delivered at the despatch box. In planning it is one of the few routes by which national policy changes overnight, without a consultation, an amended Framework or a statutory instrument. The written ministerial statement planning weight question therefore comes up in a specific situation: a statement has been made, it bears on your case, and the development plan says something else.
What a statement is and how it appears
Ministers lay written statements to inform Parliament of decisions and positions. They are recorded in Hansard, carry a reference number, and are published on the parliamentary written statements service and on gov.uk.
In planning they have been used to announce changes of approach on particular technologies and land uses, to set expectations about how specific policies should be applied, and to signal a direction of travel ahead of a formal policy revision. Some later find their way into the Framework itself or into Planning Practice Guidance. Others stand alone for years.
A statement is not legislation and it is not part of the development plan. It cannot amend the Town and Country Planning Act 1990, it cannot create a new permitted development right, and it cannot change a local plan policy. What it can do is state national policy, and that is enough to make it relevant.
How it becomes a material consideration
Section 70(2) of the 1990 Act requires regard to be had to the development plan and to any other material considerations. A statement of national planning policy made by the responsible minister is capable of being material, and where it is material it has to be taken into account.
The practical consequence for a decision maker is straightforward. Ignoring a relevant statement is an error, because a decision taken without regard to a material consideration is vulnerable. Applying it as though it were a development plan policy is also an error, because section 38(6) of the Planning and Compulsory Purchase Act 2004 gives primacy to the plan.
The correct approach is to identify the statement, decide whether it bears on the proposal, and then decide what weight it carries in the balance. Those are three separate steps and officer reports frequently merge them.
Weight against the development plan
Weight is a matter for the decision maker, subject to rationality. A recent statement dealing directly with the type of development proposed, expressed in mandatory language, will usually carry substantial weight. A statement of general intent expressed as an aspiration will carry less.
Three factors shift the assessment. The first is specificity: a statement addressing this category of development in terms is worth more than one addressing planning generally. The second is age, since a statement overtaken by a later Framework edition or by subsequent policy has diminished force. The third is the state of the development plan, because where a plan policy is out of date or silent, a clear national statement fills more of the gap.
Say all of that explicitly in a submission. An assertion that a statement is determinative invites the officer to disagree in a sentence. A structured argument about specificity, currency and the plan position is harder to dismiss.
One further point of practice. Because a statement can appear without warning, it can land between the submission of an application and its determination. Where that happens, write to the case officer with the reference and a short note on why it bears on the case. An officer who first sees it in the committee report has no time to think about it, and the point is then made at the worst possible moment.
Statements that changed practice
Written statements have been used to announce restrictions on particular forms of energy development, to set out the government's approach to specific categories of land, to signal expectations on planning fees and performance, and to announce interim positions ahead of reform. Recent examples have accompanied Green Belt policy changes, and our note on what grey belt means in practice deals with one such area where the policy position has moved more than once.
They have also been used in building safety, where announcements about gateway arrangements preceded the detailed regime, as our note on the Building Safety Act gateways describes.
Do not rely on a summary of any of these. Read the statement itself, in full, and note whether it has been superseded. A statement quoted from a 2019 committee report may have been overtaken twice since.
How long a statement remains relevant
There is no expiry date. A statement remains capable of being material until it is withdrawn, superseded or absorbed into the Framework or guidance.
Three things reduce its force over time. It may be incorporated into the Framework, in which case cite the Framework and note the origin. It may be contradicted by a later statement or by a new Framework edition, in which case the later document governs. Or the circumstances it addressed may have changed so that it no longer bears on the proposal.
Where a statement has been incorporated, citing the statement rather than the Framework looks careless. Where it stands alone, citing the Framework instead misses the point entirely. Check which of the two applies before drafting.
Finding the text
Go to the source. The parliamentary written statements service and Hansard hold the text with its reference number, and gov.uk carries the departmental copy. A search on the topic and the year will usually find it in a few minutes.
Record four things when you do: the date, the minister and department, the title, and the reference number. Then copy the operative sentence rather than the whole statement, because that is the part you will rely on.
Appeal work needs the same discipline. Inspectors decide on the policy position at the date of the decision, so a statement made after the appeal was lodged is still in play, and a statement of case that stopped at the Framework will look dated by the time it is read.
Citing one in a submission
Put it in the policy section of the Planning Statement, after the development plan and the Framework, under its own heading.
- Identify the statement by date, minister, title and reference.
- Quote the operative wording rather than paraphrasing it.
- Explain why it bears on this proposal, in one or two sentences tied to the facts of the site.
- State what weight you say it carries and why, addressing specificity, currency and the plan position.
- Note any later statement or Framework edition that qualifies it.
Illustrative example: a scheme where the adopted plan policy predates a statement dealing directly with that category of development. The submission sets out the plan policy, then the statement with its reference, then a short paragraph explaining that the plan policy is nine years old and silent on the point the statement addresses, and invites the officer to give the statement substantial weight. The officer report adopts the structure almost verbatim, which is what a well-drafted policy section is for.
For following what is announced next, our planning law timeline is the place to watch, and statements are worth checking directly at the parliamentary source rather than through secondary reporting.
This is general guidance, not legal advice. Check the position with your local planning authority or a qualified professional before relying on it, and verify the current status of any statement at the time you cite it.
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Frequently asked questions
Is a written ministerial statement part of national planning policy?
It can state national planning policy without forming part of the Framework or the development plan. Where it does, it is capable of being a material consideration and must be taken into account under section 70(2) of the Town and Country Planning Act 1990. It cannot amend legislation or a local plan policy.
How much weight does one carry?
Weight is for the decision maker, subject to rationality. A recent statement addressing the category of development in mandatory terms usually carries substantial weight. Specificity, currency and the state of the development plan are the three factors that shift the assessment, and a submission should address each of them separately.
Can a statement override the development plan?
No. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires determination in accordance with the development plan unless material considerations indicate otherwise. A statement is a material consideration that may indicate otherwise, which is a different thing from displacing the plan automatically.
Where do I find the text?
The parliamentary written statements service and Hansard hold the text with its reference number, and gov.uk carries the departmental copy. Record the date, the minister and department, the title and the reference, then quote the operative sentence rather than summarising the statement in your own words.
Do statements expire?
There is no expiry date. A statement remains capable of being material until it is withdrawn, superseded by a later statement or Framework edition, or absorbed into the Framework or Planning Practice Guidance. Where it has been incorporated, cite the Framework and note the origin rather than citing the statement alone.
Sources and further reading
This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.