- Court of Appeal clarifies how NPPF policy to protect designated areas should be applied when considering the presumption in favour of sustainable development (Monkhill v SSHCLG)
- What are the practical implications of the case?
- What is the background to the case?
- Policy background
- Factual background
- What did the court find?
- Case details
Planning analysis: The Court of Appeal has clarified how the presumption in favour of sustainable development at paragraph 11d) of the National Planning Policy Framework (NPPF) operates in applying the paragraph 172 policy intended to protect designated areas. Even for development that is not ‘major development’, applying paragraph 172 may result in a clear reason for refusing permission under 11d)i and if so, the tilted balance under 11d)ii is disapplied.
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