Monkhill Ltd v Secretary of State for Housing, Communities and Local Government & Anor (Rev 1)

Monkhill Ltd v Secretary of State for Housing, Communities and Local Government & Anor (Rev 1)

The first part of paragraph 172 of the NPPF, which requires 'great weight' to be given to conserving and enhancing landscape and scenic beauty in an AONB, is capable of providing a clear reason for refusing planning permission under paragraph 11d)i. The inspector lawfully applied this policy, and the appeal is dismissed.

Parties
Appellant: Monkhill Limited; First Respondent: Secretary of State for Housing, Communities and Local Government; Second Respondent: Waverley Borough Council
Jurisdiction
England and Wales
Judgment Date
28 January 2021
Procedural Posture
Civil Appeal / Appeal From High Court (planning Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Interpretation of National Planning Policy Framework (nppf), Areas of Outstanding Natural Beauty (aonb), Presumption in Favour of Sustainable Development, Statutory Interpretation, Development Control
Planning Law Administrative Law Interpretation of National Planning Policy Framework (nppf) Areas of Outstanding Natural Beauty (aonb) Presumption in Favour of Sustainable Development Statutory Interpretation Development Control

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Parties

Monkhill Limited

Appellant

Secretary of State for Housing, Communities and Local Government

First Respondent

Waverley Borough Council

Second Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (planning Court) to Court of Appeal

Legal Issues

  1. 1 Whether the inspector was wrong to interpret the first sentence of paragraph 172 of the NPPF as a policy capable of providing a clear reason for refusing planning permission under paragraph 11d)i of the NPPF.

Ratio Decidendi

The first part of paragraph 172 of the NPPF, which requires 'great weight' to be given to conserving and enhancing landscape and scenic beauty in an AONB, is capable of providing a clear reason for refusing planning permission under paragraph 11d)i. The inspector lawfully applied this policy, and the appeal is dismissed.

Court Disposition

Appeal dismissed