High profile statutory review before Holgate J. under s.288 of the Town and Country Planning Act 1990 concerning the newly reworded presumption in favour of sustainable development in paragraph 11 of the 2018/2019 National Planning Policy Framework. The central issues were:
- The meaning of NPPF para. 11(d)(i), pursuant to which the presumption could be overcome by policies the application of which provides a “clear reason for refusal”; and
- Whether the first part of NPPF para. 172, pursuant to which “great weight” must be given to conserving and enhancing the landscape and scenic beauty of Areas of Outstanding Natural Beauty, is capable of being such a policy.
Charles Banner QC and
Matthew Fraser appeared for the claimant, Monkhill Ltd, instructed by Penningtons Manches Cooper LLP.
