Killian Garvey, acting on behalf of Kettering Borough Council, assisted in securing the dismissal of an appeal for 245 dwellings in Desborough.
The appeal was pursued by Gladman Developments Limited. In dismissing the appeal, the Inspector sided with the Council on the following points:
One interesting feature about the case was the extent to which a single development plan policy being out of date could engage the tilted balance within paragraph 11(d)(ii) of the National Planning Policy Framework.
In accordance with recent case law, in order to determine whether the tilted balance was engaged, both parties had to:
The parties agreed that there were 4 ‘most important policies’: 3 that were up to date and 1 older policy that the parties disagreed with about whether it was up to date.
The Appellant argued that the 1 older policy was sufficient to engage the tilted balance, on the basis that this was the most important policy within the basket. The Inspector disagreed with this approach:
A copy of the decision is available to view here.
Winckworth Sherwood in conversation with Kings Chambers
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