In an oral permission hearing, the Claimant sought to challenge the decision of an Inspector on appeal at Cornwall Road, Harrogate. The Claimant claimed that the Inspector erred in law in finding that para 109 NPPF (Valued Landscape) is a restrictive policy that falls within Footnote 9 of para. 14 NPPF and is capable of disapplying the tilted balance or presumption in favour of development.
In rejecting the Claimant’s claim, Lang J agreed with the submissions made by Sarah Reid, resisting the Claim on behalf of the Council.
The Judge endorsed the Inspector’s decision. The relevant legal principles had been set out in Telford and Wrekin v SSCLG (2016) EWHC 3073 (Admin) and Forest of Dean v SSCLG (2016) EWHC 421 (Admin). The analysis in those decisions indicated that paragraph 109 was a policy of restriction capable of disapplying the tilted balance in paragraph 14 NPPF.
A copy of the appeal decision upheld by the Court can be found here.