Online Lunchtime Briefing for Local Authorities - Planning Appeal Decision: The Tilted Balance: paragraph 11(d)(ii) of the NPPF in practice.

In a recent planning appeal decision concerning an application for 180 dwellings in the village of Wickwar, South Gloucestershire, the Inspector refused permission against officer recommendation in circumstances where it was accepted that the titled balance was engaged.

The Inspector refused permission due to the proposal’s significant landscape impact, to which he gave substantial weight, despite the land having no designation and agreement it was not a valued landscape; poor public transport provision which he concluded would render the development car borne, to which he also gave substantial weight (despite some village facilities including a primary school and pub); less than substantial harm at the lower end of the spectrum (which was agreed) to a grade II listed building. He also found that the Council had a five year supply and was meeting its affordable housing need – both matters having been contested by the Appellant.

The decision demonstrates that engagement of the titled balance is no guarantee of a permission and how paragraph 11(d)(ii) of the NPPF works in practice.

In this online briefing, Suzanne Ornsby KC and Claire Nevin who acted for South Gloucestershire Council in the appeal and Independent planning consultant Liz Fitzgerald of Barker Parry Town Planning Ltd who gave the planning evidence will discuss how the tilted balance works in practice and how local planning authorities can best present their cases at appeal.

Practical Information

Date: 17 January 2024
Time: 1-2pm.
The event will be hosted on Zoom. There is no charge to attend but places must be reserved in advance using the booking link below.  Once registered, you will receive joining instructions by email from Zoom.
Registration for this event will close at 12.30pm on 17 January 2024.