Paul Newman New Homes Ltd v Secretary of State for Housing Communities and Local Government & Anor

The existence of a single relevant and up-to-date development plan policy (GP.35) is sufficient to block the triggers for the 'tilted balance' under paragraph 11d of the 2018 Framework; GP.35 is relevant to the determination of outline planning permission and was breached by the proposed development.

Parties: Claimant: Paul Newman Homes Ltd; First Defendant: Secretary of State for Housing, Communities and Local Government; Second Defendant: Aylesbury Vale District Council
Jurisdiction: England and Wales
Judgment Date: 06 September 2019
Procedural Posture: Judicial Review / Final Judgment
Outcome: Application dismissed
Legal Topics: Interpretation of National Planning Policy Framework, Application of 'tilted Balance', Development Plan Policy Relevance, Outline Planning Permission

Planning Law Administrative Law Interpretation of National Planning Policy Framework Application of 'tilted Balance' Development Plan Policy Relevance Outline Planning Permission

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Parties

Paul Newman Homes Ltd

Claimant

Secretary of State for Housing, Communities and Local Government

First Defendant

Aylesbury Vale District Council

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether the Inspector misinterpreted paragraph 11d of the 2018 National Planning Policy Framework
2 Whether Policy GP.35 was relevant to the determination of outline planning permission
3 Whether the 'tilted balance' should have applied

Ratio Decidendi

Court Disposition

Application dismissed