Sustainable development: what does it mean and when is there a presumption in favour of it? – No. 5 Chambers

Posted July 5th, 2017 in appeals, interpretation, local government, news, planning by sally

‘Case law junkies will no doubt recall that this was Barwood’s appeal against the decision of Green J in the High Court, who ruled that there is no presumption in favour of sustainable development (“PIFSD”) in cases were NPPF paragraph 14 is not engaged. The dispute over whether the NPPF (when looked at as a whole) contains a general presumption in favour of sustainable development, or whether such a presumption arises if and only if the development plan is absent, silent or relevant policies are out of date (NPPF14), has been rumbling on ever since the decision of Coulson J in Wychavon DC v SSCLG [2016] EWHC 592 (Admin).’

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No. 5 Chambers, 4th July 2017