Court of Appeal rules on NPPF paragraphs 89 and 90

The Court of Appeal (20 January 2021, lead judgment by Sir Keith Lindblom) has rejected an appeal consisting of a challenge to Leeds City Council's grant of permission for a new retail development by Commercial Developments Ltd. The appeal failed on its facts, but the Court also considered the correct approach to be taken to the national policy(NPPF 90) that in cases of significant adverse retail impact permission "should be refused". The Court affirmed that the expression did not refer to a mandatory refusal or necessarily embody a "presumption" that permission should be refused in such circumstances. Rupert Warren QC represented Commercial Developments Ltd, the Second Respondent in the appeal. Click here for the judgment.