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ARTICLE · 22 NOVEMBER 2019

The Tilted Balance: Where Are We Now?

DAC Beachcroft LLP
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Paragraph 11 of the NPPF (2018) and the tilted balance: Where are we now? and Removal of use of section 73 to amend descriptions of development

United KingdomReal Estate and Construction
Jennifer Glasgow
Jennifer Glasgow

Paragraph 11 of the NPPF (2018) and the tilted balance: Where are we now? and Removal of use of section 73 to amend descriptions of development

  • Local authorities inability to demonstrate a 5 year housing supply is to be treated in the same way as out of date policies.
  • Just because one planning policy is out of date the tilted balance should not automatically apply
  • The tilted balance is always a material consideration if relevant and should be applied irrespective of whether it is expressly raised or not.

Applying Paragraph 11 NPPF

There is a presumption in favour of granting sustainable developments unless the application of policies gives a clear reason for refusing permission (11(d)(i) NPPF).

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