Monkhill Ltd v Secretary of State for Housing, Communities and Local Government and another

Planning – Development. The first part of para 172 of the National Planning Policy Framework (the NPPF), in relation to development in an AONB, national park or the Broads, qualified as a policy falling within the scope of the presumption in favour of sustainable development for decision-taking to be applied under limb (i) of para 11(d) of the NPPF; it was also capable of sustaining a freestanding reason for refusal in general development control in AONBs, national parks and the Broads. The Planning Court, in dismissing the claimant company's application, further set out a practical summary to assist practitioners in the field.

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