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Promoting sustainable transport

NPPF 109-11

 

Satnam Millenium Ltd [2019] EWHC 2631 (Admin)
Christopher Lockhart-Mummery QC and Heather Sargent appeared for the Claimant

“58. …The effect of paragraph 111 of the Framework is to require a developer to produce a transport assessment which is sufficiently satisfactory for a conclusion about the severity of the impact to be reached. If that is done, and the impact is less than unacceptable or severe, there is no highway basis in the Framework for refusing permission in a “tilted balance” case. But if the transport assessment is too deficient in that respect for a judgment to be reached, paragraph 109 cannot assist. Otherwise, it would be open under the Framework for a developer to come forward with no sound work, and require the Council to prove the serious impact. That is not how the two paragraphs are meant to work. Both the Framework and the development plan start from the same premise, that the developer must have produced a sound and reliable transport assessment.”

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