Approving every planning application in London aside from Merits – a Crazy Housing White Paper Recommendation.

From November 2018, if delivery falls below 25% of the requirement, the presumption in favour of development as set out in the NPPF would apply automatically.

No it cannot without primary legislation.  The courts have held that a weighted balencing exercise still needs to be carried out against the development plan and other material considerations.  A matter of policy alone cannot make a material consideration immaterial.

The effect of this application of course would mean that every single planning application in London, apart from those affecting Heritage Assests or Green Belt, would have to be approved.

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2 thoughts on “Approving every planning application in London aside from Merits – a Crazy Housing White Paper Recommendation.

  1. I’m not sure that the ‘presumption if favour of sustainable development’ precludes the need to weigh-up other considerations. After all, it is only a presumption in favour if the development in question is deemed to be ‘sustainable’. The decision-taker is still allowed to assess whether the development is ‘sustainable’ when the development is considered in the context of the NPPF as a whole. As such, the presumption in paragraph 14 is a relatively ineffective sanction against a local authority if that local authority doesn’t really want to plan. It does, however, provide the applicant with a little more of a chance.

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