Court of Appeal Finds #NPPF Ambiguous and Unclear

As we always said.  Sir David Keene in the Hunstan Judgement

The Framework was published by the Government in order to set out its planning policies for England, so as to give guidance to local planning authorities and other decisions-makers in the planning system.  It was seen by the Minister for Planning as simplifying national planning guidance “by replacing over a thousand pages of national policy with around fifty, written simply and clearly.”  Unhappily, as this case demonstrates, the process of simplification has in certain instances led to a diminution in clarity.  It will be necessary to set out the wording of paragraph 47 of the Framework very soon in this judgment.  I have to say that I have not found arriving at “a definitive answer” to the interpretative problem an easy task, because of ambiguity in the drafting.  

One thought on “Court of Appeal Finds #NPPF Ambiguous and Unclear

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