Paragraph 72 of NPPF does not trump consideration of landscape harm (Wiltshire v SSHCLG)

Article summary

Planning analysis: The court upheld an inspector’s decision to grant permission for ten entry level affordable homes where there was conflict with the development plan in landscape and heritage terms partly due to paragraph 72 of the National Planning Policy Framework 2019 (NPPF). The case gives useful guidance as to the proper approach to the application of NPPF 72 (entry-level exception sites)—that as a policy it envisages that landscape harm will be likely but that does not mean landscape harm is not a material consideration/is trumped by NPPF 72. The court also dismissed a further ground challenging the inspector’s approach to local policy on heritage. This is a useful illustration of the appropriate approach to the interrelation of national and local policy on heritage as set out in City & Country Bramshill Ltd v Secretary of State for Housing Communities and Local Government. Written by Piers Riley-Smith, barrister at Kings Chambers.