Court confirms development plan policies are relevant considerations in the NPPF tilted balance (Gladman Developments Ltd v SSHCLG)

Table of contents

• What are the practical implications of this case?
• What is the legal and policy background to the case?
• Presumption in favour of sustainable development in the 2012 NPPF
• Presumption in favour of sustainable development in the 2019 NPPF
• What is the factual background to the case?
• What did the court find?
• Case details

Article summary

Planning analysis: In Gladman Developments Ltd v SSHCLG, the Planning Court dismissed a challenge to two appeal decisions to build 360 homes in Essex and Northamptonshire. The decision clarifies that, in applying the tilted balance in para 11(d)(ii) of the National Planning Policy Framework (NPPF), development plan policies which are found to be out of date are still relevant considerations which must still be taken into account in determining planning applications.