The Tilted Balance: Where Are We Now?

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Local authorities inability to demonstrate a 5 year housing supply is to be treated in the same way as out of date policies. Just because one planning policy is out of date the tilted balance should not automatically apply The tilted balance is always a material consideration if relevant and should be applied irrespective of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

The wording of paragraph 11 remains unchanged. However in the recent judgment Monkhill Ltd v SSHCLG [2019] EWHC 1993 (Admin) the High Court considered it key that paragraph 11(d)(i) is read with the footnote 6 which lists relevant polices which, if applicable, remove the tilted balance. Holgate J's judgement includes a practical summary of the steps to...