Sustainable development

December 5th, 2016 by James Goudie KC

In Trustees of the Barker Mill Estates v Test Valley Borough Council (2016) EWHC 3028 (Admin) Holgate J has said that the Judgment in Wychavon District Council v SoS for CLG (2016) EWHC 592 (Admin) had been wrongly decided.  That had stated that the NPPF contained a general presumption in favour of sustainable development.  However, said Holgate J, the only presumption in favour of sustainable development was, as stated in Cheshire East Borough Council v SoS for CLG (2016) EWHC 571 (Admin), that within the scope of paragraph 14 of the NPPF, which requires that Local Plans should meet “objectively assessed needs” unless either “… any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole; or specific policies in this Framework indicate development should be restricted”.

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