Landmark Chambers

Introduction

1-5

Chase Milton Energy Ltd v Secretary of State for Communities and Local Government [2014] EWHC 1213 (Admin), Timothy Straker QC

Dan Kolinsky appeared on behalf of the Secretary of State

“I am not at all convinced as to the merit of giving particular policies a label and then using that label as a means to argue that they inconsistent with other policies in the Framework. The Framework is intended to be just that, and one can refer in that instance to paragraph 1 of it.” [16]


NPPF 2

Cheshire East Borough Council [2015] EWHC 410 (Admin), Lang J

“Paragraph 2 of the NPPF re-states the statutory provisions, and explains that the NPPF is a material consideration in planning decision-taking. However, I doubt that the Minister intended the NPPF to be used to routinely bypass local policies protecting specific local features and landscapes, as that would undermine the statutory scheme. Indeed, the NPPF emphasises the value of local development plans since they reflect the needs and priorities of local people for their area…” [57]