Victory for Kings Barrister in Major NPPF Presumption Case
3rd July 2017
The Court of Appeal has today handed down judgment in the East Staffordshire Borough Council v Barwood Land II LLP appeal. The Court upheld the judgment of the High Court which quashed an inspector’s decision on the basis that he wrongly treated the presumption in favour of sustainable development as applying despite having accepted that the local planning authority could demonstrate a five year supply and there was no other relevant deficiency in the development plan (i.e. it was not absent, silent and relevant policies were not out of date for any other reason). The Court of Appeal has therefore definitively confirmed that the benefit of the presumption can only be obtained in the circumstances defined by NPPF para.14 and that Mr. Justice Coulson’s view to the contrary in Wychavon District Council v SSCLG is wrong. The Court also took the opportunity to explain the operation of NPPF para.14 more generally, including by providing an explanation of the proper approach to “specific policies” and footnote 9. The case therefore represents the most up-to-date, comprehensive and important authority yet concerning the workings of NPPF para.14, and is arguably destined to have a greater practical effect than the Supreme Court’s recent judgment in Richborough Estates.
John Hunter acted for the local planning authority who brought the claim and successfully resisted the appeal. John has also appeared in a number of other recent leading cases concerning the interpretation of NPPF paras.14 and 49, including Richborough Estates in the Court of Appeal and Cheshire East in the High Court.
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
1 year 1 month 4 days
Google Analytics sets this cookie to calculate visitor, session and campaign data and track site usage for the site's analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognise unique visitors.
1 year 1 month 4 days
Google Analytics sets this cookie to store and count page views.
YouTube sets this cookie via embedded YouTube videos and registers anonymous statistical data.